Good day everyone, My name is Angeline Torillos.

A 2nd year college from BSBA Major in

Financial Mngmnt.

G.R. No. L-8166 February 08, 1916

Jorge Domalagan plaintiff-appellant VS. Carlos Bolifer defendant-appellant 33 Phil 471

FACTS:
● Plaintiff alleged within the month of November, 1909, he and the defendant entered
into a contract by virtue of the terms of which he was to pay to the defendant the
whole of P500 upon the marriage of his child Cipriano Domalagan with the daughter of
the defendant, Bonifacia Bolifer;

He finished his obligation beneath said contract by paying to the defendant the said sum of
P500, at the side the advance whole of P16 "as hansel or token of future marriage," that,
regardless said agreement, the said Bonifacia Bolifer, within the month of August, 1910, was
joined in lawful wedlock to Laureano Sisi

● He requested of the defendant the return of the said entirety of P516 along side the
interest and harms or damages; that the harms which he endured come about from
the fact that he, in order to raise said sum of P500, was obliged to sell certain real
property having a place to him, found within the Province of Bohol, at a incredible
sacrifice.

To the complaint the defendant presented a general refusal. He moreover alleged that the
actualities stated within the complaint does not constitute a cause of action. Upon the issue
presented the cause was brought on for trial.

● After hearing the evidence the Honorable Vicente Nepomuceno, judge, in an amplified
conclusion in which all of the evidence cited amid the trial of the cause is carefully
analyzed come to the conclusion "of reality that plaintiff conveyed to defendant the
entirety of P516 sued for which Carlos Bolifer and Laureana Loquero received and did
not return the said amount,".

for the reason that the evidence did not adequately appear that the plaintiff had endured any
extra harms, rendered a judgment in favor of the plaintiff and against the litigant in said
entirety of P516 in conjunction with the intrigued at the rate of 6 percent from the 17th of
December, 1910, and costs.
THE ISSUE OF THE CASE

Whether or not the verbal contract entered into by the plaintiff and the defendant in regard to
the delivery of the money by reason of a prospective marriage is valid and effective.

Is there a contract?

YES. The court ruled that a contract such as the one depended upon by the plaintiff in order
to be substantial, must be decreased to writing. Paragraph 3 Section 335 of the Code of
Respectful Method in Civil Action does not render verbal contracts invalid. A contract may be
valid and however, by ideals of said section, the parties will be unable to demonstrate.

Can it be enforced?

NO, In the following cases an assention from now on made might be unenforceable by activity
unless there is the same, or a few note or notice. thereof, be in composing, and subscribed by
the party charged, or by his agent evidence, therefore, of the agreement can not be received
without the composing or secondary evidence of its contents

It'll be noted, by reference to said section, that evidence of the assention alluded to can not be
received without the composing or secondary evidence of its substance. As was said over all
of the evidence relating to said agreement was conceded without the scarcest complaint.

RULING:

Said section (335) does not render verbal contracts invalid. A contract may be substantial and
however, by the ethicality of said section, the parties will be incapable of demonstrating it.
Said section gives that the contract might not be upheld by an activity unless the same is
proved by a few notes or reminders. Said section basically gives the strategy by which the
contracts specified in that may be demonstrated. It does not have been diminished to
composing, but maybe those specified in paragraph 5 of said section (335).

If it isn't made in similarity with said area of course it cannot be demonstrated, in case an
appropriate complaint is made. But a disappointment to prove displayed in order to
demonstrate the contract, since it does not conform to the statute, may be a waiver of the
arrangements of the law.

On the off chance that the parties to an activity, amid the trial of the cause, make no protest to
the suitability of verbal prove to bolster contracts just like the one in address and allow the
contract to be demonstrated, by prove other than an a piece, it'll be fair as authoritative upon
the parties as in case it had been reduced to writing.