Latin Maxims And Phrases.docx

Latin Maxims and Phrases: Their Meaning and Importance in Statutory Construction I.

Laws should be prospective, not retroactive. Latin Phrase

Lex Prospicit,

Lex de Futuro,

Non Respicit

Judex de Praeterio

English Translation

Laws should be

The law

prospective, not

provides for the

retroactive. 1

future, the judge for the past.2

In Ting v. Ting, it was held that the interpretation or construction of a law by courts constitutes a part of the law as of the date the statute is enacted. It is only when a prior ruling of the Court is overruled, and a different view is adopted, that the new doctrine may have to be applied prospectively in favor of parties who have relied on the old doctrine and have acted in good faith. However, there are some exceptions: 1. If the laws themselves provide for their retroactivity (Art. 4 Civil Code). 2. If the laws are remedial in nature. 3. If the statute is penal in nature, provided: a. It is favorable to the accused or convict. b. The accused or convict is not a habitual delinquent as defined in Art. 22 of the Revised Penal Code. 4. If the laws are of an emergency nature and are authorized by the police power of the government. (Santos vs. Alvarez 44 O.G. 4259) 5. If the law is curative (necessarily retroactive for the precise purpose to cure errors or irregularities). This kind of law to be valid must not impair vested rights nor affect final judgments. (Frivaldo vs. Comelec and Lee G.R. 120295, June 28, 1996) The reason for the rule that laws shall have no retroactive effect is the tendency of retroactive laws to be unjust and oppressive. They may infringe upon vested rights or disrupt the legal effect of transactions prior to the enactment of the law.3 II.

When the law is clear, the court’s duty is to apply it, not to interpret it.

Latin Phrase

Absolute

Optima Statuti

Sentencia

Interpretatix Est

Expositore Non

Insum Statutum

Indiget English Translation

When the

The best

language of the

interpreter of a

law is clear, no

statute is the

explanation of

statute itself.5

it is required.4

The Plain meaning rule is a type of statutory construction by which statutes are to be interpreted using the ordinary meaning of the language of the statute. This applies when there is no ambiguity in a will. In such a situation, the court should refuse admission of extrinsic evidence to overturn the plain meaning of the Will. The soft plain meaning rule means that the statute is to be interpreted according to the ordinary meaning of the language, unless the result would be cruel or absurd. The plain meaning rule requires that words are given their ordinary meaning, technical terms are given their technical meaning, and local, cultural terms are recognized as applicable. Additionally, the plain meaning rule prevents courts from taking sides in legislative or political issues.6 The Court held in Barcellano v. Banas “…Time and time again, it has been repeatedly declared by this Court that where the law speaks in clear and categorical language, there is no room for interpretation. There is only room for application. Where the language of a statute is clear and unambiguous, the law is applied according to its express terms, and interpretation should be resorted to only where a literal interpretation would be either impossible or absurd or would lead to an injustice. The law is clear in this case…” In Serena v. Sandiganbayan, the Court held that “Every section, provision or clause of the statute must be expounded by reference to each other in order to arrive at the effect contemplated by the legislature. The intention of the legislator must be ascertained from the whole text of the law and every part of the act is to be taken into view. In other words, petitioner’s interpretation lies in direct opposition to the rule that a statute must be interpreted as a whole under the principle that the best interpreter of a statute is the statute itself.”

III.

It is not the letter of the law that kills it, it is the spirit of the laws that gives it life. Latin Phrase

Ratio Legis Est

Ratio Legis

Anima English Translation

The spirit

The reason of

rather than the

the law.8

letter of the law7 “He has made us competent as ministers of a new covenant--not of the letter but of the Spirit; for the letter kills, but the Spirit gives life.”(2 Corinthians 3:6) In League of Cities of the Philippines (LCP) v. COMELEC, the court held that “…a statute must be read according to its spirit or intent, for what is within the spirit is within the statute although it is not within its letter, and that which is within the letter but not within the spirit is not within the statute. Put a bit differently, that which is within the intent of the lawmaker is as much within the statute as if within the letter; and that which is within the letter of the statute is not within the statute unless within the intent of the lawmakers. Withal, courts ought not to interpret and should not accept an interpretation that would defeat the intent of the law and its legislators.”

IV.

While the law may be hard, it is still the law. Latin phrase

Dura Lex Sed Lex

English Translation

The law is harsh, but that is the law9

When the law is clear, there is no other recourse but to apply it regardless of its perceived harshness. Dura lex sed lex. Nonetheless, the law should never be applied or interpreted to oppress one in order to favor another. As a court of law and of justice, this Court has the duty to adjudicate conflicting claims based not only on the cold provision of the law but also according to the higher principles of right and justice. (Obiasca v. Basallote, 2010)

V.

Noscitur A Sociis Latin Phrase

Noscitur A Sociis

English Translation

Know from its associates.10

Where a particular word or phrase is ambiguous in itself or is equally susceptible of various meanings, its correct construction may be made clear and specific by considering the company of words in which it is founded or with which it is associated. This is because a word or phrase in a statute is always used in association with other words or phrases, and its meaning may, thus, be modified or restricted by the latter. The particular words, clauses and phrases should not be studied as detached and isolated expressions, but the whole and every part of the statute must be considered in fixing the meaning of any of its parts and in order to produce a harmonious whole. A statute must be so construed as to harmonize and give effect to all its provisions whenever possible. In short, every meaning to be given to each word or phrase must be ascertained from the context of the body of the statute since a word or phrase in a statute is always used in association with other words or phrases and its meaning may be modified or restricted by the latter. (Chavez v. Judicial and Bar Council, 2012) VI.

Ejusdem Generis Latin Phrase

Ejusdem Generis

English Translation

Of the same kind11

Where a general word or phrase follows an enumeration of particular and specific words of the same class, the general word or phrase is to be construed to include – or to be restricted to – things akin to or resembling, or of the same kind or class as, those specifically mentioned.12 In Liwag v. Happy Glenn Loop Homeowners Association, Inc., the phrase "other similar facilities and amenities" of Section 1 of P.D. 1216 was interpreted using the principle of ejusdem generis, the Court held “…Here, the water facility was undoubtedly established for the benefit of the community. Water is a basic need in human settlements, without which the community would not survive. We therefore rule that, based on the principle of ejusdem generis and taking into consideration the intention of the law to create and maintain a healthy environment in human settlements, the location

of the water facility in the Subdivision must form part of the area reserved for open space.”