This case has been cited 2 times or more.
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2011-11-23 |
BERSAMIN, J. |
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| Clearly, Article 1332 of the Civil Code does not apply to the petitioner. According to Lim v. Court of Appeals,[40] the provision came into being because a sizeable percentage of the country's populace had comprised of illiterates, and the documents at the time had been written either in English or Spanish, viz: In calibrating the credibility of the witnesses on this issue, we take our mandate from Article 1332 of the Civil Code which provides: "When one of the parties is unable to read, or if the contract is in a language not understood by him, and mistake or fraud is alleged, the person enforcing the contract must show that the terms thereof have been fully explained to the former." This substantive law came into being due to the finding of the Code Commission that there is still a fairly large number of illiterates in this country, and documents are usually drawn up in English or Spanish. It is also in accord with our state policy of promoting social justice. It also supplements Article 24 of the Civil Code which calls on court to be vigilant in the protection of the rights of those who are disadvantaged in life.[41] (Emphasis supplied) | |||||
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2011-11-23 |
BERSAMIN, J. |
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| In calibrating the credibility of the witnesses on this issue, we take our mandate from Article 1332 of the Civil Code which provides: "When one of the parties is unable to read, or if the contract is in a language not understood by him, and mistake or fraud is alleged, the person enforcing the contract must show that the terms thereof have been fully explained to the former." This substantive law came into being due to the finding of the Code Commission that there is still a fairly large number of illiterates in this country, and documents are usually drawn up in English or Spanish. It is also in accord with our state policy of promoting social justice. It also supplements Article 24 of the Civil Code which calls on court to be vigilant in the protection of the rights of those who are disadvantaged in life.[41] (Emphasis supplied) | |||||