- Statute
- Civil Code
- Article
- Art. 1358
- Topic
- Form of Contracts
- Status
- In force
- Book
- BOOK IV Obligations and Contracts
- Title
- TITLE II CONTRACTS
- Chapter
- CHAPTER 3 Form of Contracts
- Formerly
- Art. 1280a of the old Civil Code
- Year
- 1949
- Cited by
- Multiple Supreme Court decisions
The provision
The following must appear in a public document: (1) Acts and contracts which have for their object the creation, transmission, modification or extinguishment of real rights over immovable property; sales of real property or of an interest therein are governed by articles 1403, No. 2, and 1405; (2) The cession, repudiation or renunciation of hereditary rights or of those of the conjugal partnership of gains; (3) The power to administer property, or any other power which has for its object an act appearing or which should appear in a public document, or should prejudice a third person; (4) The cession of actions or rights proceeding from an act appearing in a public document. All other contracts where the amount involved exceeds five hundred pesos must appear in writing, even a private one. But sales of goods, chattels or things in action are governed by articles, 1403, No. 2 and 1405. (1280a)
Cases applying this article
- Maria Luisa Morales v. Abner de Guia G.R. No. 247367
- Philippine National Bank v. The Honorable Intermediate Appellate Court (First Civil Cases Division) G.R. No. 66715
- Felsan Realty & Development Corporation v. Commonwealth of Australia G.R. No. 169656
- Spouses Adiel de La Cena v. Spouses Jose Briones G.R. No. 160805
- Universal Robina Sugar Milling Corporation v. Heirs of Angel Teves G.R. No. 128574
- Heirs of Ernesto Biona v. The Court of Appeals G.R. No. 105647
- Gloria A. Samedra Lacanilao v. Court of Appeals G.R. No. 121200
- Julio Tapec v. Court of Appeals G.R. No. 111952
Other Supreme Court decisions also apply this article.