d. Interpretation of Documents

INTERPRETATION OF DOCUMENTS

General Rule: The language of a writing is to be interpreted according to the legal meaning it bears in the place of its execution

Exception:

• Parties intended otherwise (Sec. 11, Rule 130)
• If an instrument contains several provisions or particulars, it should be construed, if possible, in a manner that will give effect to all. (Sec. 12, Rule 130)
• If there is an inconsistency between the written and the printed provisions of an instrument, the written provisions control the printed provisions. (Sec. 16, Rule 130)

General and Particular Provisions of an Instrument (part 1 of 2)

When a general and a particular provision are inconsistent, the particular provision is paramount to the general provision. A particular intent will control a general one that is inconsistent with it (Sec. 13, Rule 130)

General Rule: Terms of a writing are presumed to have been used in their primary and general acceptation

Exception: Proof that they have a local, technical, or otherwise peculiar signification, and were so used and understood in the particular instance. (Sec. 15, Rule 130)

> C. TESTIMONIAL EVIDENCE 1. 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. (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) 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. (36a) 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. (22a) 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 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. (b) An attorney or person reasonably believed by the client to be licensed to engage in the practice of law cannot, without the consent of the client, be examined as to any communication made by the client to him or her, or his or her advice given thereon in the course of, or with a view to, professional employment, nor can an attorney’s secretary, stenographer, or clerk, or other persons assisting the attorney be examined without the consent of the client and his or her employer, concerning any fact the knowledge of which has been acquired in such capacity, except in the following cases:

(i) Furtherance of crime or fraud. If the services or advice of the lawyer were sought or obtained to enable or aid anyone to commit or plan to commit what the client knew or reasonably should have known to be a crime or fraud;

(ii) Claimants through same deceased client. As to a communication relevant to an issue between parties who claim through the same deceased client, regardless of whether the claims are by testate or intestate or by inter vivos transaction;

(iii) Breach of duty by lawyer or client. As to a communication relevant to an issue of breach of duty by the lawyer to his or her client, or by the client to his or her lawyer;

(iv) Document attested by the lawyer. As to a communication relevant to an issue concerning an attested document to which the lawyer is an attesting witness; or

(v) Joint clients. As to a communication relevant to a matter of common interest between two [(2)] or more clients if the communication was made by any of them to a lawyer retained or consulted in common, when offered in an action between any of the clients, unless they have expressly agreed otherwise.

(c) A physician, psychotherapist or person reasonably believed by the patient to be authorized to practice medicine or psychotherapy cannot in a civil case, without the consent of the patient, be examined as to any confidential communication made for the purpose of diagnosis or treatment of the patient’s physical, mental or emotional condition, including alcohol or drug addiction, between the patient and his or her physician or psychotherapist. This privilege also applies to persons, including members of the patient’s family, who have participated in the diagnosis or treatment of the patient under the direction of the physician or psychotherapist.

A “psychotherapist” is:

(a) A person licensed to practice medicine engaged in the diagnosis or treatment of a mental or emotional condition, or (b) A person licensed as a psychologist by the government while similarly engaged.

(d) A minister, priest or person reasonably believed to be so cannot, without the consent of the affected person, be examined as to any communication or confession made to or any advice given by him or her, in his or her professional character, in the course of discipline enjoined by the church to which the minister or priest belongs.

(e) A public officer cannot be examined during or after his or her tenure as to communications made to him or her in official confidence, when the court finds that the public interest would suffer by the disclosure.

The communication shall remain privileged, even in the hands of a third person who may have obtained the information, provided that the original parties to the communication took reasonable precaution to protect its confidentiality. (24a)

2. Testimonial Privilege

Section 25. Parental and filial privilege. – No person shall be compelled to testify against his or her parents, other direct ascendants, children or other direct descendants, except when such testimony is indispensable in a crime against that person or by one parent against the other. (25a)

Section 26. Privilege relating to trade secrets. – A person cannot be compelled to testify about any trade secret, unless the non-disclosure will conceal fraud or otherwise work injustice. When disclosure is directed, the court shall take such protective measure as the interest of the owner of the trade secret and of the parties and the furtherance of justice may require. (n)

3. Admissions and Confessions

Section 27. Admission of a party. – The act, declaration or omission of a party as to a relevant fact may be given in evidence against him or her. (26a)