When the law is clear, plain and free Words shall be willing to follow the from ambiguity, there’s no need for intent, and not the intent to the construction, only interpretation. words. Because the duty of the courts is to Ratione Cessat Lex Et Cessat apply the law in its literal meaning and take the law as what it is when it is When the reason of the law ceases, clear, plain and free from ambiguity. the law itself ceases. Contemporanea Expositio Est Optima
Legis Interpretado Legis Vimobtinet Contemporaneous Construction is the
strongest in law. The interpretation of the Supreme Court becomes part of the law of the land, and is binding to all the lower Optimus Interpres Rerum Usus courts. The best interpreter of law is its usage. Stare Decisis When the Supreme Court has once laid down a principle applicable to a Index Animi Sermo certain set of facts, it will adhere to Speech is the index of the law. that principle and apply it to all its Dura Lex Sed Lex future cases with almost the same or similar set of substantial facts. The law may be harsh, but it is the law. Hoc Quidem Prequam Durum Lex Prospicit Non Respicit It is exceedingly hard but so the law is written. The law looks forward not backward. Ratio Legis The reason of the law is its soul. Nemo Tenetur Ad Imposible The legislature made no classification in the use of a general word or The law obliges no one to do the expression. impossible. Ex Necessitate Legis – Doctrine of Necessary Implication Verba Accipienda Sunt Secundum Materiam What is implied in the statute is as much as part of it as that what it is A word is to be understood in the expressed. context in which it is used. What is implied should not be against the law as long as it is constitutional. Noscitur A Sociis Where the law does not define a In Eo Guod Plus Sit Inest Etminus word, or if a word is ambiguous in its meaning, it will be construed as having The greater includes the lesser. meaning similar to that of he words accompanied by it. Generale Dictum Generaliter Est Ejusdem Generis Interpretandum When a general word follows an What is generally spoken must be enumeration of particular and specific generally understood. words of the same class, it is to be restricted to persons, things or cases of the same kind as those specifically Generalia Verba Sunt Generaliter mentioned. Intelligenda A general statement is understood in a general sense. Expressio Unius Est exclusio alterius Express mention of one person, thing or consequence implies the exclusion Ubi Lex Non Disinguit of all the others. Where the law does distinguish, the -known as the negative opposite courts shall not distinguish. doctrine Casus Omissus pro Omisso Habendus Pari Materia Est When the relate to the same person or A person, object, or thing omitted thing, have the same purpose, or from an enumeration must be held to object, or cover the same specific or have been omitted intentionally. particular subject matter
Optima Statuti interpretatix
Ad proximum antecedens The best interpreter of a statute is the statute itself. Relative words refer to the nearest antecedent, unless the context otherwise requires. Interpretare et concordance leges Every statute must be so construed The use of comma to separate and harmonized with other statutes as antecedent from the rest exerts a to form a uniform system of dominant influence in this doctrine jurisprudence.
Redendo Singal Singulis Distingue Tempora et concordabis
jura Referring each to each Let each be put in its proper places When 2 or more statures on the same Words should be taken distributively subject were enacted at different times and under dissimilar Proviso circumstances or conditions, their interpretations should be in - To limit or restrict the general accordance with the circumstances language or operation of the and conditions peculiar to each. statute, not to enlarge it - Provided, but nothing herein Ut Res Magis Valeat That Construction is to be sought which gives effect to the whole of the statute.
Interpretatio Fienda Est ut Res Magis
A portion of a statute should not be construed to destroy the other. A law should be interpreted with a view upholding rather than destroying it.
Proculo P. Fuentes, Jr. For Petitioner. Valeriano F. Pasquil and Ruben V. Abarquez For Respondent Apex Mining Co., Inc. Raul C. Nengasca and Antonio G. Jolejole For Respondent Sandigan
Pierce County Superior Judge Stanley J. Rumbaugh Sued For Violating GR 16, and First Amendment/Free Press in Fannie Mae v. Brenda Duzan Foreclosure Case.