Perfection of contract of sale need NOT be written
A contract of sale is perfected by the meeting of the minds of the parties regardless of whether it was reduced to writing.
In Limketkai Sons Milling, Inc. v. CA,[1] the Supreme Court ruled that the fact that the deed of sale still had to be signed and notarized did not mean that no contract had been perfected. A binding contract may exist between the parties whose minds have met, although they did not affix their signatures to any written document, as acceptance may be expressed or implied.
For example, a sale of land, once consummated, is valid regardless of the form it may have been entered into. The law or jurisprudence does not mandate that the contract of sale be put in writing before such contract can validly cede or transmit rights over a certain real property between the parties themselves.[100]
In Limketkai Sons Milling, Inc. v. CA,[1] the Supreme Court ruled that the fact that the deed of sale still had to be signed and notarized did not mean that no contract had been perfected. A binding contract may exist between the parties whose minds have met, although they did not affix their signatures to any written document, as acceptance may be expressed or implied.For example, a sale of land, once consummated, is valid regardless of the form it may have been entered into. The law or jurisprudence does not mandate that the contract of sale be put in writing before such contract can validly cede or transmit rights over a certain real property between the parties themselves.[100]
[1] Limketkai Sons Milling, Inc. v. CA et al., G.R. No. 118509, 250 SCRA 523, 535-536, December 1, 1995.
[2] Heirs of Cecilio Claudel et al. v. CA, 276 Phil. 114, 121, (1991).