Short answer. Generally yes. Article 1498 provides that when a sale is made through a public instrument — such as a notarized deed — its execution is equivalent to delivery of the thing sold, even if you never physically took possession. The exception is when the deed itself shows, or clearly implies, that delivery was not intended.
What the law says
the execution thereof shall be equivalent to the delivery of the thing which is the object of the contract, if from the deed the contrary does not appear or cannot clearly be inferred
Civil Code, Article 1498 — Constructive Delivery by Public Instrument. Read the full provision →
Constructive delivery by public instrument
Delivery is what actually transfers ownership from seller to buyer; a sale alone is not enough. Article 1498 supplies a convenient form of it. When the sale is made through a public instrument, the execution thereof shall be equivalent to the delivery of the thing which is the object of the contract. A notarized deed of sale is a public instrument, so signing and notarising it is, by law, treated as handing over the property. You do not have to physically enter or occupy the land or take the goods for delivery to take place; the document does that work. This is called constructive or legal delivery.
The important exception
The equivalence is not absolute. The article attaches a condition: the execution counts as delivery only if from the deed the contrary does not appear or cannot clearly be inferred. In other words, if the deed itself shows that the parties did not intend ownership or possession to pass at signing — for instance, where it reserves delivery for a later date or ties it to some condition — then the automatic rule gives way to what the deed actually says. The presumption of delivery can be overcome by the terms the parties themselves wrote into their instrument.
When the paper meets reality
Constructive delivery assumes the seller is in a position to place the buyer in control. Where a third person is already holding the property adversely — occupying it against the sale — a mere deed may not, in reality, give the buyer the control the law supposes. The symbolic delivery in the instrument presupposes that nothing outside it stands in the way. So while the notarized deed ordinarily transfers ownership, a buyer facing someone who refuses to yield possession may still need to take further steps to obtain actual, physical control of the property.
What this means for you
If you signed a notarized deed as buyer, the law generally already regards the property as delivered to you, and ownership as transferred, even without your physically taking it — unless the deed says otherwise. That protects a buyer who has paid and holds a proper deed. If you are the seller, understand that executing the public instrument is a serious act carrying the legal weight of handing the property over. Reading the delivery terms of the deed before signing is therefore essential, because the document speaks for itself on this point.
Cases citing this provision
These Supreme Court decisions cite the provision above. We list them so you can read them yourself; the summaries of what each decided are not ours to give.
- Sps. Erosto Santiago and Nelsi Santiago vs. Mancer Villamor, et al, G.R. No. 168499, November 26, 2012 — read the decision on LawPhil →
- Jesus Dela Rosa, et al. vs. Santiago Carlos, et al, G.R. No. 147549, October 23, 2003 — read the decision on LawPhil →
- Spouses Francisco A. Padilla vs. Court of Appeals, et al, G.R. No. 120274, November 16, 2001 — read the decision on LawPhil →
- Venustriano B. Chavez, Jr., Maria Carmita C. Certeza, et al. vs. Spouses Joselito and Adriana Gopez, G.R. No. 242366, February 26, 2025 — read the decision on LawPhil →