The Market Monitor Minding the Nation's Business
Section 24. Disqualification by reason of privileged communication[s]. – The following persons cannot testify as to matters learned in confidence in the following cases: a. The husband or the wife, during or after the marriage, cannot be examined without the consent of the other as to any communication received in confidence by one from the other during the marriage except …
Points of View & Perspectives
December, 2023
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18 December
The lure of Simbang Gabi among Filipinos
Simbang Gabi, which begins on December 16 Saturday for those attending physical dawn masses (4 or 4:30 a.m.) around the country and on December 15 Friday (for those attending physical anticipated masses of 7 or 8 p.m.), is a tradition that Filipinos hold so dearly. More, however, are lured to the dawn masses because of side attractions like the puto …
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11 December
Qualifications of Witnesses
Section 21. Witnesses; their qualifications. – All persons who can perceive, and perceiving, can make known their perception to others, may be witnesses. (20a) Religious or political belief, interest in the outcome of the case, or conviction of a crime, unless otherwise provided by law, shall not be a ground for disqualification. (20) General rule: All persons who can perceive, …
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5 December
Different Interpretations of Contracts
Section 19. Construction in favor of natural right. – When an instrument is equally susceptible of two(2) interpretations, one in favor of natural right and the other against it, the former is to be adopted. (18) Basic is the rule that a contract constitutes the law between the parties. Parties may validly stipulate the unilateral rescission of a contract. (Associated …
November, 2023
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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) …
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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 …
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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
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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 …
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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 …
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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 …