Evidence_Enriquez, Et. Al. v. Ramos [Parol Evidence Rule - 2nd Exception]

Enriquez, et. al. v. Ramos G.R. No. L-18077, September 29, 1962

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Plaintifs Rodrigo Enriquez, et al – seller-mortgagor of parcels of land in Quezon City Deendant  Socorro Ramos – second buyer-mortgagee of the land in question; partner of edro del Rosario Pedro del Rosario – !rst buyer of the land in question

WRTTE! !STR"#E!T: Contra$t o Sale %it& #ort'a'e  "E#hibit $% bet&een Enriquez et al and Ramos A((E)ED *RA( A)REE#E!T: that Enriquez et al &ould underta'e the construction of roads PAR*( E+DE!CE: E-lanation/ 0E-&i1it 23  used by Ramos to pro(e the e#istence of the alleged oral agreement 4ACTS:  )his case concerns of an instrument called *E#planation+ *E#planation+ "mar'ed as E#hibit % used by defendant Ramos to pro(e the e#istence of an oral agreement &ith the plaintis &hich the latter ./. 01) /0C23.E in the sub4ect Contract of Sale "E#hibit $%  )his E#hibit , as admitted in e(idence, &as considered considered by the R)C in dismissi dismissing ng the foreclo foreclosur sure e proceed proceedings ings institut instituted ed by the plainti plaintis s against against Ramos So, what happened jud diay??? • •

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Plaintiffs entered into a contract of conditional sale with Pedro del Rosario To guarantee the performance of the conditions stipulated , Pedro executed execute d a per perfor formanc mance e bond . DEVELO ELOPE PE!T !T "# " Dell Ro De Rosa sari rio o wa was s gi give ven n po poss sses essi sion on of th the e la land nd for DEV

#$%D&V&#&O! o

at his expense.

the consideration5 he &as allowed to bu' the propert' for P()),))).)) within a period of two years 

with the t he condition con dition that, u pon his failure to pa' said price when due * all the impro+ements introduced b' him would auto au toma mati tical call' l' be beco come me pa part rt of th the e pr prop oper ert' t' without reimbursement and the conditional sale would be rescinded •

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Yun na nga, Pedro failed to pa' the price But, to avoid court litigation, plaintiffs and Pedro, together with Ramos  entered into a

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Contract of Rescission ( dire na nisulod sa picture si Ramos ) $nd, to release the performance bond and to enable Ramos to pa' some of 

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the lots for her own purposes , plaintiffs allowed Ramos to bu' ) of 

the lots herein in+ol+ed o

condition: Raos will assue the payent of !"#,###.## as her share in the construction of roads and other iproveents

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6ean&hile, both parties "LLE-EDL OR"LL "-REED that plaintiffs

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would underta/e the construction of roads therein Ramos paid in partial, with the P)),))) balance being payable &ithin 7 years from date of sale

So, Contra$t o Sale 0E-&i1it A3 %it& #ort'a'e $ame into 1ein'5 •

1n the same day, plaintis and Ramos e#ecuted

SEPARATE

instrument

called 0Explanation0 1Exhibit 23 in form of letter which stated that* o

Ramos contributed P4),))).)) for the construction

of the roads which

the plaintiffs would underta/e 0in accordance with the pro+isions of the 5it' Ordinance of 6ue7on 5it'0 (remember: this was their ORAL AGREEMENT) o

$aid 5it'

Ordinance of 6ue7on 5it'

re%uires that sellers of lands

therein to &e converted into su&division lots ust construct the roads in said su&division &efore the lots could &e sold • • •

8ut, Ramos failed to pay the balance &ithin the stipulated period So, plaintiffs instituted the foreclosure proceedings in question &ith the R)C Plaintiffs ofered t&e Contra$t o Sale mar'ed as E#hibit $ to rove

t&e e-isten$e o t&e sale and t&e mort'a'e &ith such conditions •

Ramos contended that the E#hibit $9Contract DOE# !OT E8PRE## the true agreement of the parties &ecause certain important conditions agreed upon 9ERE

!OT &!5L$DED therein among which i s* o

the promise assumed b' plaintiffs that the' would underta/e to construct the roads that ma' be re:uired in the subdi+ision 0in

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accordance with the pro+isions of the 5it' Ordinance of 6ue7on 5it'0 Ramos added that it was the plaintiffs; counsel who suggested !OT TO &!5L$DE the same promise