This case has been cited 4 times or more.
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2013-09-02 |
PERALTA, J. |
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| Moreover, contracts of insurance, like other contracts, are to be construed according to the sense and meaning of the terms which the parties themselves have used. If such terms are clear and unambiguous, they must be taken and understood in their plain, ordinary and popular sense.[8] Accordingly, in interpreting the exclusions in an insurance contract, the terms used specifying the excluded classes therein are to be given their meaning as understood in common speech.[9] | |||||
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2013-06-17 |
DEL CASTILLO, J. |
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| It is well to note at this point that the CBA constitutes a contract between the parties and as such, it should be strictly construed for the purpose of limiting the amount of the employer's liability.[46] The terms of the subject provision are clear and provide no room for any other interpretation. As there is no ambiguity, the terms must be taken in their plain, ordinary and popular sense.[47] Consequently, MMPSEU cannot rely on the rule that a contract of insurance is to be liberally construed in favor of the insured. Neither can it rely on the theory that any doubt must be resolved in favor of labor. | |||||
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2009-02-16 |
VELASCO JR., J. |
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| It is well-entrenched that if the terms of a contract are clear and leave no doubt as to the intention of the contracting parties, the literal meaning of the stipulations shall control.[15]Courts, in appropriate cases, will intervene only when the terms of the contract are ambiguous or uncertain and only to construe them to seek the real intent of the parties and not to alter them.[16] | |||||
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2008-01-31 |
VELASCO JR., J. |
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| (2) The service contracts of OMSI and TCSI may not be extended through the instrumentality of an injunctive writ. It is a doctrine firmly settled in this jurisdiction that courts have no power to make a contract for the parties nor can they construe contracts in such a manner as to change the terms of the contracts not contemplated by the parties.[48] Verily, under Art. 1308 of the Civil Code, the contract between the parties is the law between them; mutuality being an essential characteristic of contracts giving rise to reciprocal obligations.[49] And under Art. 1306 of the Code, the parties may establish stipulations mutually acceptable to them for as long as such are not contrary to law, morals, good customs, public order, or public policy. And where a determinate period for a contract's effectivity and | |||||