Contracts infringing the Statute of Frauds, referred to in No. 2 of article 1403, are ratified by the failure to object to the presentation of oral evidence to prove the same, or by the acceptance of benefit under them.
Ang mga kontratang lumalabag sa batas ng Statute of Frauds na tinutukoy sa No. 2 ng artikulo 1403, ay pinagtibay ng kabiguan ng pagtutol sa presentasyon ng pananalitang ebidensiya upang patunayan ang pandaraya, o dahil sa pagtanggap ng mga kapakinabangan sa ilalim nito.
Discussion
Uneforceable contracts (paragraph 2, Article 1403: Statute of Frauds) may be ratified in two ways:
- Failure to object to the presentation of oral evidence. This is tantamount to a waiver. Contracts that are infringed in the Statute of Frauds are ratified by the failure to object to the presentation of parol evidence and are enforceable
- Acceptance of Benefits under these contacts is equivalent to waiver or estoppel; only applies to executor contracts. If the oral contract was reduced into writing by the party charged, this exercise is called recognition. It is the express ratification of the contract.
*** If the party in whose favor the statute may be invoked, cross examined the witness who is testifying on the oral contract, the former is deemed to have waived the right to object to the admission of the testimonial evidence.
The party should promptly object to the presentation of the witness once it becomes apparent that no evidence in writing could be presented to prove the contract. The objection must be invoked during the “offer of the testimony” of the witness. OR a motion to dismiss may be filed before answer to the complaint is filed.
Case Illustration: Abrenica vs. Gonda
Obligations and Contracts 