As correctly pointed out by the court a quo, the alleged false notarization of the deed of sale is of no consequence. For a sale of real property or of an interest therein to be enforceable under the Statute of Frauds, it is enough that it be in writing. ¹⁰ It need not be notarized. But the vendee may avail of the right under Article 1357 of the New Civil Code to compel the vendor to observe the form required by law in order that the instrument may be registered in the Registry of Deeds. ¹¹ Hence, the due execution and genuineness of the deed of sale are not really in issue in this case. Accordingly, assigned error I is without merit.

FIRST DIVISION

G.R. No. L-46892 September 30, 1981

HEIRS OF AMPARO DEL ROSARIO, plaintiffs-appellees,
vs.
AURORA O. SANTOS, JOVITA SANTOS GONZALES, ARNULFO O. SANTOS, ARCHIMEDES O. SANTOS, ERMELINA SANTOS RAVIDA, and ANDRES O. SANTOS, JR., defendants-appellants.