PEOPLE vs. BOKINGO and COL [2011]

doctrine ·          GR: The rights of a party cannot be prejudiced by an act, declaration or omission of another.  ·          E: admission made by a conspirator, but: o    the conspiracy be first proved by evidence other than the admission itself; o    admission relates to the common object; o    it has been made while the declarant was engaged in carrying out the conspiracy. facts ·          An...

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SOUTHEAST ASIA Shipping CORP vs. Seagull MARITIME CORP. and CA [2003]

doctrine To disregard the Manning Agency Agreement and the SPOA in construing the affidavit as the CA did, thus upholding the literal interpretation of the affidavit against affiant Seaturtle, despite the circumstances under which it was accomplished, which circumstances throw light upon, explain and restrict the terms of the affidavit, would sacrifice the substantial rights of Seaturtle and thus work injustice, rather than promote justice. contested provisions 3 That as Navales’ appointed manning agent in the PHs, Seaturtle is able,...

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CANEDO vs. KAMPILAN SECURITY and ARQUIZA [2013]

DOCTRINE This is the correct interpretation based on the true intention of the parties as shown by their contemporaneous and subsequent acts and the other evidence on record as discussed above. Sec 12 of Rule 130 states that in the construction and interpretation of a document, the intention of the parties must be pursued. Sec 13 of the same Rule further instructs that the circumstances under which a document was made may be shown in order to ascertain the correct interpretation of a document. CONTESTED PROVISION This is to certify that...

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