Sufficient Compliance with Statute of Frauds (If Forming Part of a Deed of Sale)

Under Art. 1403 of the Civil Code, a contract for the sale of real property shall be unenforceable unless the same or some note or memorandum thereof be in writing and subscribed by the party charged of his agent. Evidence of the agreement cannot be received without the writing, or a secondary evidence of its contents. In the case at bench, the deed of sale and the verbal agreement allowing the right of repurchase should be considered as an integral whole. The deed of sale relied upon by petitioner is in itself the note or memorandum evidencing the contract. Thus, the requirement of the Statute of Frauds has been sufficiently complied with. [G.R. No. 121506. October 30, 1996]

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