Interpretation of Documents

Section 11. Interpretation of a writing according to its legal meaning. — The language of a

writing is to be interpreted according to the legal meaning it bears in the place of its execution,
unless the parties intended otherwise.

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.

Section 13. Interpretation according to intention; general and particular provisions. — In the

construction of an instrument, the intention of the parties is to be pursued; and when a general
and a particular provision are inconsistent, the latter is paramount to the former. So a particular
intent will control a general one that is inconsistent with it.

 "GENERALIA SPECIALIBUS NON DEROGANT", which means that where an act

deals specifically with a subject a general provision in that act does not override the
specific provision. If a matter falls under a specific provision and a general provision, it
shall be governed by the specific provision.

Section 14. Interpretation according to circumstances. — For the proper construction of an

instrument, the circumstances under which it was made, including the situation of the subject
thereof and of the parties to it, may be shown, so that the judge may be placed in the position
of those whose language he or she is to interpret. 

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.

Section 16. Written words control printed. — When an instrument consists partly of written
words and partly of a printed form, and the two are inconsistent, the former controls the latter. 

 Said rule may be considered only when there is inconsistency between the written and
printed words of the contract. As previously stated, we find no ambiguity in the contract
subject of this case that would call for the application of said rule. In any event, the
contract has provided for such a situation by explicitly stating that the above condition
remains effective "notwithstanding that the same (fixed time for completion of carriage,
specified aircraft, or any particular route or schedule) may be stated on the face hereof.

Section 17. Experts and interpreters to be used in explaining certain writings. — When the
characters in which an instrument is written are difficult to be deciphered, or the language is
not understood by the court, the evidence of persons skilled in deciphering the characters, or
who understand the language, is admissible to declare the characters or the meaning of the
language.
Section 18. Of two constructions, which preferred. — When the terms of an agreement have
been intended in a different sense by the different parties to it, that sense is to prevail against
either party in which he or she supposed the other understood it, and when different
constructions of a provision are otherwise equally proper, that is to be taken which is the most
favorable to the party in whose favor the provision was made.

 The prevailing interpretation will be determined according to the following

rules:
1. The interpretation which the other party believed and used will prevail;
2. When both constructions are equally proper, that interpretation which is most
favorable to the party for whose benefit the provision was made in the first place will
prevail.

Section 19. Construction in favor of natural right. — When an instrument is equally susceptible

of two interpretations, one in favor of natural right and the other against it, the former is to be
adopted.

Section 20. Interpretation according to usage. — An instrument may be construed according

to usage, in order to determine its true character.

Qualification of Witnesses

Section 21. Witnesses; their qualifications. - All persons who can perceive, and perceiving, can
make known their perception to others, may be witnesses. 

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.

 TESTIMONIAL OR ORAL EVIDENCE DEFINITION

It is evidence elicited by the mouth of a witness as distinguished from a mere
real or documentary evidence. Sometimes called ‘viva voche’ evidence which means ‘the
living voice” or word of mouth. Witness is called to stand and asked questions and
answer the same questions. That person is called a ‘witness’.
 A witness who can perceive or even if he cannot perceive but cannot remember what he
has perceived—he is incompetent to become a witness.
 He can perceive, can remember but cannot relate his perception to others—disqualified
to testify.
 The competence of the witness therefore refers to the personal qualification of the
person testifying.
 WHY IS TESTIMONIAL EVIDENCE IMPORTANT? Even if the lowest in the hierarchy
of evidence, without the introduction of testimonial evidence, there cannot be an
introduction of either real or object evidence because the admission of any evidence
including the testimonial, real or documentary evidence, would require the process of
IDENTIFICATION; and that can only be done through a witness.
 Several categories of documents are deemed to be self-authenticating:
1. Certified copy of public or business records;
 2. Official publications of government agencies;
3. Newspaper articles;
 GENERAL RULE: A person who takes the stand as a witness is presumed to be able to
testify. A party who desires to question the competence of a witness must do so by
making an objection as soon as the facts tending to show the witness’ incompetency are
apparent.
 THAT THE INCOMPETENCY AS TO CERTAIN PART OF THE TESTIMONY DOES NOT
HAVE TO AFFECT THE REST OF THE OTHER TESTIMONY.
 4 BASIC QUALIFICATION OF A WITNESS:
1. The witness can perceive
- The capacity of the witness to perceive is that the requirement that the
WITNESS MUST ALSO HAVE PERSONAL KNOWLEDGE OF THE FACTS
SURROUNDING THE SUBJECT MATTER OF HIS TESTIMONY.
2. In perceiving, he can make known his perception to others
- It involves 2 factors:
1. The ability to remember what has been perceived.
2. Ability to communicate his perception or of what you have
remembered.
- A deaf-mute is not necessarily an incompetent as a witness. They are
competent where they:
(1) can understand and appreciate the sanctity of an oath;
(2) can comprehend facts they are going to testify on, and;
(3) can communicate their ideas through a qualified interpreter. (People vs.
Tuangco, G.R. No. 130331, 11/ 22/ 2000)
3. Must take an oath or affirmation
- Therefore a person is disqualified to be a witness if he is incapable of
understanding the duty to tell the truth. An oath or affirmation is necessary for
the witness to recognize the duty to tell the truth. The oath of the witness
signifies that he is swearing to his creator to tell the truth and nothing but the
truth and that if he does not, he can be made liable for PERJURY.
- RELATIONSHIP DOES NOT RENDER A WITNESS INCOMPETENT; it does not
necessarily result to interest in the outcome of the case.
4. Must not possess any of the disqualifications imposed by the law or the Rules of
court.
- Clearly, the mere pendency of a criminal case against a person does not
disqualify him from becoming a witness. As a matter of fact, conviction of a
crime does not disqualify such person from being presented as a witness unless
otherwise provided by law.
- UNLESS OTHERWISE PROVIDED BY LAW: Article 821 of the Civil Code when
case is for PROBATE OF THE WILL
PEOPLE S. UMALI FEB 4, 1991
The phrase "conviction of a crime unless otherwise provided by law"
takes into account Article 821 of the Civil Code which states that persons
convicted of:
1. falsification of a document,
 2. perjury or
3. false testimony" are disqualified from being witnesses to a will."
Since the witness Francisco Manalo is not convicted of any of the above-
mentioned crimes to disqualify him as a witness and this case does not involve
the probate of a will, We rule that the fact that said witness is facing several
criminal charges when he testified did not in any way disqualify him as a witness.
The testimony of a witness should be given full faith and credit, in the
absence of evidence that he was actuated by improper motive. Hence, in the
absence of any evidence that witness Francisco Manalo was actuated by
improper motive, his testimony must be accorded full credence.

Section 22. Testimony confined to personal knowledge. - A witness can testify only to

those facts which he or she knows of his or her personal knowledge; that is, which are
derived from his or her own perception.

Section 23. Disqualification by reason of marriage. - During their marriage, the

husband or the wife cannot testify against the other without the consent of the affected
spouse, except in a civil case by one against the other, or in a criminal case for a crime
committed by one against the other or the latter's direct descendants or ascendants.

 This is what you called MARITAL DISQUALIFICATION RULE.

 As noted by Wigmore, the marital disqualification rule consists of two parts:
(1) The incapacity of one spouse to testify for the other, a disqualification designed to
obviate perjury; and
(2) The privilege of one spouse not to testify against the other, a right designated to
prevent domestic disunion and unhappiness (U.S. vs. Concepcion, 31 Phil. 182,187; 2
Wigmore on Evidence 731).
 United States v. Concepcion, 31 Phil. 182 (1915) the basis of the rule is said to be
the "considerations of public policy growing out of the marital relation." Said the Court:
"To allow one to testify for or against the other would be to subject him or her to great
temptation to commit perjury and to endanger the harmony and confidence of the
marital relation." At 187.
 People v. Francisco, 78 Phil. 694 (1947), the Court gave as reasons for the privilege
the following: "First, identity of interests; second, the consequent danger of perjury;
third, the policy of the law which deems it necessary to guard the security and
confidences of private life even at the risk of an occasional failure of justice, and which
rejects such evidence because its admission would lead to domestic disunion and
unhappiness; and fourth, because, where a want of domestic tranquillity exists, there is
danger of punishing one spouse through the hostile testimony of the other."
 When will this SPOUSAL IMMUNITY be applied? 2 requisites:
1. The spouses must be legally married for the spouse to invoke the benefit of
the rule. Thus, the rule does not cover illicit cohabitation. The rule applies
whether a witness spouse is a party to a case or not but the other spouse
must be a party to the case.
 2. The prohibited testimony is one that is given during the existence of the
marriage.
 It does not matter if the fact subject matter of the testimony occurred before the
marriage, the affected spouse may invoke the rule by objecting to the testimony. For as
long as the testimony is given during the existence of the marriage, disqualification
applies even if the facts to be testified about happened before the marriage.
 RULE: The KEY DETERMINANT IS WHEN THE TESTIMONY IS OFFERED. If it was offered
DURING the subsistence of the marriage, the disqualification rule will apply. All that the
other spouse will do is to OBJECT to the testimony.
 There is also a WAIVER of the testimony for FAILURE TO OBJECT.
 The testimony is prohibited only over the objection of the affected spouse or the spouse
on whom the testimony is offered. It is the latter spouse who has the right to object to
the competency of the other spouse. It goes without saying that the testimony is
admissible if no objection is interposed by the spouse who has the right to invoke the
prohibition. In other words, the benefit of the rule may be waived, impliedly or
expressly.
 It covers both oral and written testimony because the law does not distinguish.
 The marital disqualification rule covers not only utterances of the witnesses but also the
production of documents.
 What does the phrase, “the latter's direct descendants or ascendants” mean?
PEOPLE V. NATIVIDAD 70 Phil 315
A wife cannot testify against the husband without his consent even if the
husband is accused of killing the wife’s own child.
 If the crime committed against the wife’s sister, the wife cannot testify because it is a
collateral line.
 INSTANCES WHEN ONE SPOUSE MAY TESTIFY AGAINST EACH OTHER
1. If the wife sues the husband for fraudulently embezzling the paraphernal
funds of the former, the reason for the rule ceases. The wife can now testify
against the husband.
2. Also, if the wife is sued for adultery, the husband cannot be barred from
testifying against the wife.
3. In a suit for annulment of marriage, each spouse can testify against each
other.
 136