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LESTANO

(e) An agreement for the leasing for a longer period than one year, or
for the sale of real property or of an interest therein;

e.1 Agreement for the leasing for a longer period than one year:
Example:
On January 15, 2015, Lourdes agreed to lease his building to Albert for
a period of two (2) years starting February 15, 2015, until February 14,
2017.  On February 15, 2015, if Lourdes does not allow Albert to take
possession of the leased property as agreed upon, Albert cannot legally
compel Lourdes to do so if their lease contract is not in writing. 

This agreement must appear in writing to be enforceable unless it is


partially executed. Statute of frauds applies only to executory contracts.

e.2 Agreement for the sale of real property or of an interest therein:


Example 1
Romeo and Brenda entered into a verbal contract for the sale of a parcel
of land. Delivery and payment was set on October 30, 2016.  On October
30, if Romeo changes his mind about the sale, Brenda cannot sue Romeo
to compel the latter to perform his obligation under the contract of sale
which was not put in writing.

This is also unenforceable, unless it has been partially executed. Again, the
statute of frauds applies only to executory contracts.

(f) A representation as to the credit of a third person.


Example:
Melanie is seeking loan from Albert. Vito represents that Melanie is solvent
and has a good credit reputation. Relying upon his representation, Albert
extends a loan to Melanie who, actually, is insolvent.

The representation of Vito, which was made to induce the extension of


credit to Melanie, must be in writing to be enforceable. Here there is no
promise by Vito to answer for the debt of Melanie. Note that there is no
agreement involved.
3. Those where both parties are incapable of giving a consent to a contract.
Example:

16 year-old Lourdes promised to sell her BLCKPNK album to her 15-year


old cousin for P10,000.

Here is an unenforceable contract, the parties to the contract are both


minors and therefore incapable of giving consent to the contract. In case of
non-compliance, they cannot compel each other to perform the obligation.

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