This document discusses several Latin maxims and principles that are employed as aids to construe constitutional provisions. It provides definitions and explanations of various maxims including:
- Verba legis (plain meaning rule) which states that words in the Constitution should be given their ordinary meaning.
- Ratio legis est anima which says ambiguous words should be interpreted based on framers' intent.
- Ut magis valeat quam pereat which means the Constitution should be interpreted as a whole.
- Ejusdem generis which means general words following specific enumerations should be of a similar kind or class.
- Expressio unius est exclusion alterius which is that express mention implies
This document discusses several Latin maxims and principles that are employed as aids to construe constitutional provisions. It provides definitions and explanations of various maxims including:
- Verba legis (plain meaning rule) which states that words in the Constitution should be given their ordinary meaning.
- Ratio legis est anima which says ambiguous words should be interpreted based on framers' intent.
- Ut magis valeat quam pereat which means the Constitution should be interpreted as a whole.
- Ejusdem generis which means general words following specific enumerations should be of a similar kind or class.
- Expressio unius est exclusion alterius which is that express mention implies
This document discusses several Latin maxims and principles that are employed as aids to construe constitutional provisions. It provides definitions and explanations of various maxims including:
- Verba legis (plain meaning rule) which states that words in the Constitution should be given their ordinary meaning.
- Ratio legis est anima which says ambiguous words should be interpreted based on framers' intent.
- Ut magis valeat quam pereat which means the Constitution should be interpreted as a whole.
- Ejusdem generis which means general words following specific enumerations should be of a similar kind or class.
- Expressio unius est exclusion alterius which is that express mention implies
Statutory Construction Finals Dura lex sed lex (the law may be harsh,
but that is the law)
Chapter 15 When the court is clear, there is no other recourse but to apply it Three Maxims Employed as Aids to regardless of its perceived Construe Constitutional Provisions harshness. The law is the law, and if there is Verba legis (plain meaning rule) a need to change, amend or – whenever possible, the words repeal it, that may be done used in the Constitution must be through legislative process, not given their ordinary meaning by judicial decree. except where technical terms are employed. Ratio legis est anima (the reason Absoluta sentential expositore non of the law is its soul) – where indigent (when language of law is clear, there is ambiguity, the words of no explanation is required) the Constitution should be When the law is clear, what the interpreted in accordance with courts should do is to apply it, the intent of the framers not interpret it. Construction and Ut magis valeat quam pereat interpretation come only after it (that construction is to be sought has been demonstrated that which gives effect to the whole of application is impossible or the statute – its every word) – the inadequate with them. It is not Constitution is interpreted as a within the power of a court to set whole aside the clear and explicit mandate of a statutory provision.
Latin Maxims: Their Meaning and Ejusdem generis (of the same kind of Importance specie)
Where a general word or phrase
follows an enumeration of Verba Legis (Plain Meaning Rule) particular and specific words of the same class, the general word Also called the Cardinal Canon or phrase is to be construed to If statute is clear, plain and free include, or to be restricted to, form ambiguity, it must be given persons, things, or cases akin to, its literal meaning and applied resenting, or of the same kind or without attempted interpretation. class as those specifically The legislature is presumed to mentioned. know the meaning of the words, Where general words follow an to have used words advisedly, enumeration of persons or things, and to have expressed its intent by words of a particular by the use of such words as are meaning, such general words are found in the statute. not to be construed in their widest extent, but are to be held as applying only to persons or things of the same kind of class Does not apply in case a statute specifically mentioned. appears on its face to limit the operation of its provision to Ejusdem generis to be applicable particular persons or things by requires the following requisites to enumerating them, but no reason concur: exists why other persons or 1. A statute contains an things not so enumerated should enumeration of particular and not have been included and specific words, followed by a manifest injustice will follow by general word or phrase; not including them. 2. The particular and specific words Does not apply when it defeats constitute a class or are of the the plainly indicated purpose of same kind; the legislature; 3. The enumeration of the particular Does not apply if it leads to and specific words is not inconvenience, hardship and exhaustive or is not merely by injury to public service examples; Does not apply if it will result 4. There is no indication of incongruities or a violation of the legislative intent to give the equal protection clause of the general words or phrases constitution broaden meaning
Ex necessitate legis (by necessary
Expressio unius est exclusion implication of law) alterius (the express mention of one person, thing or consequence implies Also known as Doctrine of the exclusion of all other) Necessary Implication Every statute is understood, by Express mention is implied implication, to contain all such exclusion provisions as may be necessary to Also known as the Doctrine effectuate its object and purpose, of Negative Implication or to make effective rights, Also known as negative- powers, privileges or jurisdiction opposite doctrine what is which it grants, including all expressed puts an end to that such collateral and subsidiary which is implied. consequences as may be fairly and logically inferred from its terms. Limitations of Expressio unius est exclusion alterius Favores ampliandi sunt; odia restrigenda (Penal laws which are Does not apply if the favorable to the accused are given enumeration was not intended to retroactive effect) be exclusive; Does not apply if the Art. 22. Retroactive effect of penal enumeration is by way of laws. – Penal Laws shall have a example or to remove double retroactive effect insofar as they only; favor the persons guilty of a felony, who is not a habitual criminal, as this term is defined Lex proscipit non respicit (the law in Rule 5 of Article 62 of this looks forward, not backward) Code, although at the time of the publication of such laws a final Statutes are to be construed as sentence has been pronounced having only prospective and the convict is serving the application, unless the same. intendment of the legislature to give them a retroactive effect is expressly declared or is necessarily implied from the Generalia specialibus non derogant (a language used. Presumption is general law does not nullify a specific or prospectively. special law) Art. 4. Civil Code: “Laws shall General rule: The special must have no retroactive effect, unless prevail since it evinces the the contrary is provided.” legislative intent more clearly Ratio Legis (interpretation according to than that of a general statute and spirit) must be taken as intended to constitute an exception to the It is not the letter of the law that general act. killeth, but it is the spirit of the Exceptions: law that giveth life. 1. Where the legislature Article 10, CC “ in case of clearly intended the later doubt in the interpretation of general enactment to cover application of the laws, it is the whole subject and to presumed that the lawmaking repeal all prior body intended right and inconsistent laws justice to prevail 2. Where the special law merely establishes a general rule while the Stare decisis et non quieta movera general law creates a (follow past precedents and do not specific and special rule. disturb what has been settled)
The reason is that the
interpretation of a statute by the Leges posteriors priores contrarias Supreme Court forms part of the abrogant (a later law repeals a prior law statute itself on the same subject which is repugnant Judicial decisions applying or thereto) interpreting the laws or the Constitution shall form part of As between two laws on the same the legal system of the subject matter which are Philippines (Art. 8, Civil Code). irreconcilably inconsistent, that As part of the legal system, and which is passed later prevails, until reversed by the Supreme since it is the latest expression of Court itself, rulings of the SC are legislative will. binding upon the inferior courts. The rule rests on the desirability of having stability in the law. Ubi lex non distinguit, nec nos distinguere debemus (where the law does not distinguish, we should not distinguish)
There should be distinction in the
application of the law where none is indicated. Congress, in making no qualification in the use of general word of expression, must have intended no distinction at all. Courts could only distinguish where there are facts or circumstances showing that the lawgiver intended a distinction or qualification. In such a case, the courts would merely give effect to this lawgiver’s intent.