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Construction in Favor of Natural Right


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Construction in Favor of Natural Right






When an instrument is equally susceptible of two interpretations,
one in favor of natural rights and the other against it, the former
is to be adopted.

Parol Evidence Rule vs. Best Evidence Rule
1. Parol Evidence
   Presupposes that the original document is available in court.

   Best Evidence Rule
   Contemplates the situation wherein the original writing is not
   available and/or there is a dispute as to whether said writing is
   the original.

2. Parol Evidence Rule
   Prohibits the varying of the terms of a written agreement.

   Best Evidence Rule
   Prohibits the introduction of substitutionary evidence in lieu of
   the original document regardless of whether or not it varies the
   contents of the original.

3. Parol Evidence Rule
   Applies only to documents contractual in nature (Exception: wills)

   Best Evidence Rule
   Applies to all kinds of documents.

4. Parol Evidence Rule
   Can be invoked only when the controversy is between the parties to
   the written agreement, their privies or any party directly affected
   thereby.

   Best Evidence Rule
   Can be invoked by any party to an action regardless of whether or
   not such party participated in the writing involved.

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Bigwas

I'm Bigwas, It is just an Alias. I have a degree in Criminology. I'm a blogger who loves to write about anything that cross my mind. I hope you learn something from my blog.

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