This case has been cited 1 times or more.
|
2005-04-26 |
CALLEJO, SR., J. |
||||
| A contract may be embodied in two or more separate writings, in which event the writings should be read and interpreted together in such a way as to eliminate seeming inconsistencies and render the parties' intention effectual.[34] In construing a written contract, the reason behind and the circumstances surrounding its execution are of paramount importance to place the interpreter in the situation occupied by the parties concerned at the time the writing was executed.[35] Construction of the terms of a contract, which would amount to impairment or loss of right, is not favored. Conservation and preservation, not waiver, abandonment or forfeiture of a right, is the rule.[36] In case of doubts in contracts, the same should be settled in favor of the greatest reciprocity of interests.[37] Moreover, such doubts must be resolved against the person who drafted the deed and who is responsible for the ambiguities in the deed.[38] | |||||