The document discusses the legal principle of 'dura lex sed lex' which means 'the law may be harsh but it is still the law'. It states that judges have a duty to apply the law as written without fear or favor, even if the law is perceived as unjust or harsh. It also discusses that the law should be applied equally to all.
The document discusses the legal principle of 'dura lex sed lex' which means 'the law may be harsh but it is still the law'. It states that judges have a duty to apply the law as written without fear or favor, even if the law is perceived as unjust or harsh. It also discusses that the law should be applied equally to all.
The document discusses the legal principle of 'dura lex sed lex' which means 'the law may be harsh but it is still the law'. It states that judges have a duty to apply the law as written without fear or favor, even if the law is perceived as unjust or harsh. It also discusses that the law should be applied equally to all.
The document discusses the legal principle of 'dura lex sed lex' which means 'the law may be harsh but it is still the law'. It states that judges have a duty to apply the law as written without fear or favor, even if the law is perceived as unjust or harsh. It also discusses that the law should be applied equally to all.
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NOTE/S:
THE PRINCIPLE OF DURA
*Hence, the first duty of the judge is to apply the law- LEX SED LEX whether it be wise or not, whether just or unjust – provided that the law is clear, and there is no doubt. It is the sworn duty of the judge to apply the law without fear or favor, to follow its mandate, not to temper it. What the DURA LEX SED LEX – “The law may be harsh, law grants, the court cannot deny. (Edgardo L. Paras, but it is still the law.” Civil Code of the Philippines Annotated. Volume 1. 2016. P 85-86)
A Statute, being the will of the legislature, should be
applied in exactly the way the legislature has *The law equally applies to all “without fear or favor”. expressed itself clearly in the law. The clear, This simply means that everybody has exactly the same unambiguous and unequivocal language of a statute standing – the same basic human dignity and the basic precludes the court from construing it and gives no human rights – before the law. This is the cornerstone of discretion but to apply the law. the majesty of the law; it bows to no one for consideration of power and wealth. The statute is such a case must be taken to mean exactly what it says. Its literal meaning should be followed. *The law is interpreted and applied by a legal system that this is not simply working as designed but categorically working according to the demands of social ABSOLUTA SETENTIA EXPOSITORE NON justice especially in terms of its distributive dimension INDIGET – “When the language of the law is that is provident of public welfare or common goods. clear, no explanation of its required.”
*When the law is clear, there is no other recourse but to
apply it regardless of its perceived harshness. DURA People vs.Patricio Amigo G.R. No. 116719 LEX SED LEX. Nonetheless, the law should never be applied or interpreted to oppress one in order to favor Facts: another. Accused-Appellant Patricio Amigo was charged and convicted of murder by the RTC, Davao City and was sentenced to the penalty of reclusion perpetua.
The accused-appellant claims that the penalty of
reclusion perpetua is too cruel and harsh and pleads for sympathy.
Held:
Courts are not the forum to plead for sympathy. The
duty of courts is to apply the law, disregarding their Group 1 feeling of sympathy or pity for an accused. DURA Ladyferdel M. Roferos LEX SED LEX.
