Tuesday, October 2, 2012

JUSTICE MARTIN VILLARAMA, JR.: PAROL EVIDENCE RULE: WHEN THE TERMS OF AN AGREEMENT WERE REDUCED IN WRITING, AS IN THIS CASE, IT IS DEEMED TO CONTAIN ALL THE TERMS AGREED UPON AND NO EVIDENCE OF SUCH TERMS CAN BE ADMITTED OTHER THAN THE CONTENTS THEREOF


parol evidence rule:  when the terms of an agreement were reduced in writing, as in this case, it is deemed to contain all the terms agreed upon and no evidence of such terms can be admitted other than the contents thereof (Section 9 of Rule 130 of the Rules of Court)  Rudlin argues that under Section 9, Rule 130, a party may present evidence to modify, explain or add to the terms of the written agreement if it is put in issue in the pleading, "[t]he failure of the written agreement to express the true intent and the agreement of the parties thereto."  x x x x Evidence of a prior or contemporaneous verbal agreement is generally not admissible to vary, contradict or defeat the operation of a valid contract (FINANCIAL BUILDING CORPORATION vs. CORPORATION, BLOOMFIELD EDUCATIONAL FOUNDATION, INC., RODOLFO J. LAGERA, MA. ERLINDA J. LAGERA AND JOSAPHAT R. BRAVANTE, RUDLIN INTERNATIONAL, G.R. No. 164186, October 4, 2010, VILLARAMA, JR., J.).

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