Non-applicability of Statute of Frauds to Partially, Totally-Performed Contracts

The principle of the Statute of Frauds only applies to executory contracts and not to contracts either partially or totally performed, as in this case, where the sale has been consummated; hence, the same is taken out of the scope of the Statute of Frauds. As the deed of sale has been consummated, by virtue of which, petitioner accepted some benefits thereunder, it cannot now deny the existence of the agreement. The Statute of Frauds was enacted for the purpose of preventing fraud. It should not be made the instrument to further them. [G.R. No. 121506. October 30, 1996]