Deed of sale

Dear Atty. Maan,

I purchased a parcel of land several years ago. Before the sale, the seller personally showed me the property and its boundaries. I paid the agreed purchase price and have since occupied the property. I recently discovered, that the Deed of Absolute Sale contains the wrong lot number and technically refers to another property. Does this mistake invalidate the sale?

Abby

Dear Abby,

Under Article 1359 of the Civil Code, when the parties had a meeting of the minds but the written instrument fails to express their true agreement because of mistake, fraud, inequitable conduct, or accident, the proper remedy may be reformation of the instrument.

In the case of Spouses Genara and Felipe Abay Sr., et al. v. Spouses Jacinto S. Young, et al., G.R. No. 266298, 3 December 2025, the Supreme Court held that deeds that identified the wrong lot even though the surrounding circumstances established the property the parties actually intended to buy and sell.

The Supreme Court explained that: “The mistake in designating the lot in the document does not vitiate the consent of the parties.”

Thus, an erroneous lot number does not necessarily destroy an otherwise valid agreement. Courts may consider the parties’ contemporaneous and subsequent acts, including which property was shown to the buyer, possession, improvements, payment of taxes, and the conduct of the seller, to determine their true intention. Accordingly, if it can be sufficiently established that both parties intended the sale to cover a particular property and the erroneous description was merely a mistake in the written instrument, the deed may be reformed to reflect their actual agreement.

Hope this helps.

Atty. Mary Antonnette M. Baudi