Exercises created by Atty. Gerry T. Galacio; all rights reserved. You can freely use these exercises, but you must not upload
them to any website or the cloud. For comments, questions, corrections, or suggestions, email gtgalacio@yahoo.com
| [1] How should the language of a writing be interpreted? | 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. (Sec. 10) |
| [2] How should an instrument with several provisions or particulars be interpreted? | 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. (Sec.11) |
| [3] What should be pursued in the construction of an instrument? | In the construction of an instrument, the intention of the parties is to be pursued. (Sec. 12) |
| [4] How should an inconsistent general and particular provision be interpreted? | 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. (Sec. 12) |
| [5] Complete the following: Sec. 13. Interpretation according to circumstances.—For the proper construction of an instrument, _____________________, including the ____________________ 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 is to interpret. | Sec. 13. 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 is to interpret. |
| [6] How should the terms of a writing be presumed to have been used? | The terms of a writing are presumed to have been used in their primary and general acceptation. (Sec. 14) |
| [7] Is evidence admissible that the terms of a writing were not used in their primary and general acceptation? | 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.(Sec. 14) |
| [8] What controls an instrument when it consists partly of written words and partly of a printed form, and the two are inconsistent? | The written words control the printed form. (Sec. 15) |
| [9] When can evidence by experts and interpreters 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.(Sec. 16) |
| [10] When the terms of an agreement have been intended in a different sense by the different parties to it, what sense will prevail? | That sense is to prevail against either party in which he supposed the other understood it. (Sec. 17) |
| [11] When different constructions of a provision are otherwise equally proper, what construction should be taken? | The construction most favorable to the party in whose favor the provision is made. (Sec. 17) |
| [12] What is “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. (Sec. 18) |
| [13] What is “interpretation according to usage?” | An instrument may be construed according to usage, in order to determine its true character. (Sec. 19) |