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Statutory
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Latin Maxims
)ura lex sed lex (the law may be
Provisions
harsh, but that is the law)
• Verba leis (plain meaning • #hen the court is clear, there
Email
rule) – whenever possible,
the words used in the
is no other recourse but to
apply it regardless of its
Constitution must be given
perceived harshness.
their ordinary meaning • !he law is the law, and if
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except where technical terms
are employed.
there is a need to change,
amend or repeal it, that may
• !atio leis est anima (the
be done through legislative
reason of the law is its soul) –
process, not by $udicial
where there is ambiguity, the
decree.
words of the Constitution
should be interpreted in
accordance with the intent of Absoluta sentential expositore
the framers non indient (when language of
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inappropriate?
"t mais Report
valeat #uam this
lawDocument
is clear, no explanation is
pereat (that construction is re%uired)
to be sought which gives
• #hen the law is clear, what
eect to the whole of the
the courts should do is to
statute – its every word) – the
apply it, not interpret it.
Constitution is interpreted as
Construction and
a whole
interpretation come only
after it has been
demonstrated that
$atin Maxims% Their Meanin
application is impossible or
and &mportance
inade%uate with them. t is
not within the power of a
court to set aside the clear
Verba $eis 'Plain Meanin and explicit mandate of a
!ule( statutory provision.
• Also called the Cardinal E*usdem eneris (of the same
Canon "ind of specie)
• f statute is clear, plain and
free form ambiguity, it must • #here a general word or
be given its literal meaning phrase follows an
and applied without enumeration of particular
attempted interpretation. and speci&c words of the
• !he legislature is presumed same class, the general word
to "now the meaning of the or phrase is to be construed
words, to have used words to include, or to be restricted
• !he reason is that the "bi lex non distinuit0 nec nos
interpretation of a statute by distinuere debemus (where the
the 4upreme Court forms law does not distinguish, we should
part of the statute itself not distinguish)
• 8udicial decisions applying or
• !here should be distinction in
interpreting the laws or the
Constitution shall form part the application of the law
of the legal system of the where none is indicated.
• Congress, in ma"ing no
/hilippines (Art. 9, Civil
%uali&cation in the use of
Code).
• As part of the legal system, general word of expression,
and until reversed by the must have intended no
4upreme Court itself, rulings distinction at all.
• Courts could only distinguish
of the 4C are binding upon
where there are facts or
the inferior courts.
circumstances showing that
• !he rule rests on the
the lawgiver intended a
desirability of having stability
distinction or %uali&cation. n
in the law.
such a case, the courts would
merely give eect to this
lawgiver:s intent.
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