Points of View & Perspectives

November, 2023

  • 16 November

    The Interpretation of a Contract

    Section 15. Peculiar signification of terms. – The terms of a writing are presumed to have been used in their primary and general acceptation, but evidence is admissible to show that they have a local, technical, or otherwise peculiar signification, and were so used and understood in the particular instance, in which case the agreement must be construed accordingly. (14) …

  • 8 November

    The Interpretation of a Contract

    As a general rule, in the interpretation of a contract, the intention of the parties is to be pursued. It is the duty of the courts to place a practical and realistic construction upon it, giving due consideration to the context in which it is negotiated and the purpose which it is intended to serve. (TSPIC Corporation v. TCPIC Employees …

  • 3 November

    Interpretation of Documents

    Section 12. Instrument construed so as to give effect to all provisions. – In the construction of an instrument[,] where there are several provisions or particulars, such a construction is, if possible, to be adopted as will give effect to all. (11) The interpretation of the agreement should be made in its entirety, it is called “wholistic approach” or wholistic …

October, 2023

  • 26 October

    Interpretation of Documents

    Interpretation of documents is the same as interpretation of contracts. Hence, the provisions of the Civil Code pertaining to interpretation of contracts shall likewise be used. The provisions on Interpretation of Contracts can be read from Article 1370 to Article 1379 of the Civil Code.  Article 1379 provides: “The principle of interpretation stated in Rule 123 of the Rules of …

  • 16 October

    What is Parol Evidence Rule?

    Parol evidence means “When the terms of an agreement have been reduced to writing, it is considered as containing all the terms agreed upon and there can be, as between the parties and their successors in interest, no evidence of such terms other than the contents of the written agreement. However, a party may present evidence to modify, explain or …

  • 13 October

    When original document is unavailable?

    When the original document has been lost or destroyed, or cannot be produced in court, the offeror, upon proof of its execution or existence and the cause of its unavailability without bad faith on his or her part, may prove its contents by a copy, or by recital of its contents in some authentic document, or by the testimony of …

  • 8 October

    What is original of document?

    a. An “original” of a document is the document itself or any counterpart intended to have the same effect by a person executing or issuing it. An “original” of a photograph includes the negative or any print therefrom. If data is stored in a computer or similar device, any printout or other output readable by sight or other means, shown …

  • 2 October

    Objects as evidence are those addressed to the senses of the court

    When an object is relevant to the fact in issue, it may be exhibited to, examined or viewed by the court. For instance: Violation of Anti-Photo and Video Voyeurism Act of 2009. Objective illustration is the possible criminal case to be filed against person/s who copy or reproduce, or to cause to be copied or reproduced, the photo or video …

September, 2023

  • 16 September

    Section 4. Relevancy; collateral matters

    Evidence must have such a relation to the fact in issue as to induce belief in its existence or non-existence. Evidence on collateral matters shall not be allowed, except when it tends in any reasonable degree to establish the probability or improbability of the fact in issue. To illustrate the above section:  1. Case of annulment filed by wife. At …

  • 1 September

    Evidence defined. – Evidence is the means, sanctioned by these [R]ules, of ascertaining in a judicial proceeding the truth respecting a matter of fact.

    Evidence cannot be made to rest on mere speculations or even probabilities. (People v. Baltazar, 343 SCRA 685). Evidence derived from an illegal search is placed beyond the Court’s consideration, as a practical means to enforce the constitutional injunction and to discourage violations of basic civil rights under the guise of legitimate law enforcement. (People v. Sevilla, 339 SCRA 625) …