Parole evidence is an: (1%)
(A) agreement not included in the document
(B) oral agreement not included in the document
(C) agreement included in the document
(D) oral agreement included in the document
Suggested answer only. Not an official answer and not legal advice.
(A) agreement not included in the document is the correct answer. Under Rule 130, Section 10 of the Revised Rules on Evidence, when the terms of an agreement have been reduced to writing, it is considered as
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Quick check
What is parol evidence under the Revised Rules on Evidence?
Parol evidence refers to any extrinsic evidence or agreement not included in the written instrument.
Which of the following describes the parol evidence rule under Rule 130 of the Rules of Court?
The parol evidence rule bars extrinsic evidence to alter or contradict a written agreement.
Does the term "parol evidence" under Philippine law apply exclusively to oral agreements?
Parol evidence includes both oral and written extrinsic evidence outside the written document.
When may a party present parol evidence to modify or explain a written agreement?
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How does the parol evidence rule differ from the original document rule?
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Learn more about these topics
1. Parol Evidence Rule
Under Rule 130, Section 10 of the Revised Rules on Evidence, when the terms of an agreement have been reduced to writing, it is considered as containing all the terms agreed upon. Consequently, between the parties and their successors in interest, there can be no evidence of such terms other than the contents of the written agreement. The parol evidence rule forbids any addition to, or contradiction of, the terms of a written instrument by testimony or other evidence purporting to show that other or different terms were agreed upon by the parties.
2. Evidence Aliunde
Parol evidence refers to evidence aliunde, which is any evidence—whether oral or written—outside of or extraneous to the written agreement. Although the word "parol" traditionally denotes oral or verbal declarations, under Philippine remedial law, the rule encompasses both oral and written extraneous agreements or declarations that were not embodied in the executed contract. The purpose of excluding evidence aliunde is to preserve the integrity, certainty, and stability of written contracts against unreliable memories and post-execution disputes.
3. Statutory Exceptions
The parol evidence rule is not absolute and permits a party to present evidence to modify, explain, or add to the terms of a written agreement if a proper foundation is laid in the pleadings. Under Section 10 of Rule 130, a party may present parol evidence when there is an intrinsic ambiguity, mistake, or imperfection in the writing; a failure of the written agreement to express the true intent of the parties; the validity of the written agreement is put in issue; or there is an existence of other terms agreed to after execution.