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Legis interpretato legis vim obtinet – authoritative

interpretation of the SC of a statute acquires the force


of law by becoming a part thereof as of the date of its
enactment , since the court’s interpretation merely
establishes the contemporaneous legislative intent that
the statute thus construed intends to effectuate

Stare decisis et non quieta novere – when the SC has


once laid down a principle of law as applicable to a
certain state of facts, it will adhere to that principle and
apply it to all future casese where the facts are
substantially the same
o For stability and certainty

Dura lex sed lex – the law may be harsh but it is still
the law
Verba intentioni, non e contra, debent inservire –
words ought to be more subservient to the intent and
not the intent to the words

Ea est accipienda interpretation quae vitio caret – that


interpretation is to be adopted which is free from evil
or injustice

Surplusagium non noceat – surplusage does not vitiate


a statute
• Utile per inutile non vitiatur – nor is the useful vitated
by the non-useful

Falsa demonstration non nocet, cum de corpore constat


– false description does not preclude construction nor
vitiate the meaning of the statute which is otherwise
clear

Ibi quid generaliter conceditur – every rule is not


without an exception
• Inest haec exception, si non aliquid sit contras jus
basque – where anything is granted generally, this
exception is implied

Nemo tenetur ad impossible – the law obliges no one


to perform an impossibility
• Impossibilium nulla obligation est – no obligation to
do an impossible thing

In eo quod plus sit, simper inest et minus – greater


includes the lesser

Ubi jus, ibi remedium - where there is a right, there is


a remedy for violation thereof

Ex necessitate legis – from the necessity of the law

Quando aliquid prohibetur ex directo, prohibetur et per


obliquum – what cannot, by law, be done directly
cannot be done indirectly

In pari delicto potior est conditio defendentis - where a


statute prohibits the doing of an act, the act done in
violation thereof is by implication null and void

Ex dolo malo non oritur actio – no man can be allowed


to found a claim upon his own wrongdoing or inequity
• Nullus coomodum capere potest de injuria sua propria
– no man should be allowed to take advantage of his
own wrong

Generalia verba sunt generaliter intelligenda - what is


generally spoken shall be generally understood;
general words shall be understood in a general sense.
• Generale dictum generaliter est interpretandum - a
general statement is understood in a general sense

Verba accipienda sunt secundum materiam- a word is


to be understood in the context in which it is used

Ubi lex non distinguit, nec nos distinguere debemus -


where the law does not distinguish, courts should not
distinguish.

Noscitur a sociis The meaning of a word can be gathered from the context.

Ejusdem generis (or the same kind or species)

Argumentum a contrario- what is expressed puts an


end to what is implied.

Expressum facit cessare tacitum - what is


expressed puts an end to that which is implied
where a statute, by its terms, is expressly
limited to certain matters, it may not, by
interpretation or construction, be extended to
other matters.
o Exceptio firmat regulam in casibus non
exceptis - A thing not being excepted must be
regarded as coming within the purview of the
general rule
o Expressio unius est exclusion alterius - The
expression of one or more things of a class
implies the exclusion of all not expressed,
even though all would have been implied had
none been expressed; opposite the doctrine of
necessary implication

casus omissus
• A person, object or thing omitted from an enumeration
must be held to have been omitted intentionally.
• Variation of the doctrine of last antecedent
Reddendo singular singuilis • Referring each to each;

Ad proximum antecedens fiat relatio nisi impediatur


sententia – relative words refer to the nearest
antecedents, unless the context otherwise requires

Exceptio firmat regulam in casibus exceptis - A thing


not being excepted, must be regarded as coming within
the purview of the general rule.

Interpretatio fienda es ut res magis valeat quam pereat


- interpretation will give the efficacy that is to be
adopted.

Interpretare et concordare leges legibus est optimus


interpretandi modus – every statute must be so
construed and harmonized with other statutes as to
form a uniform system of jurisprudence

Distingue tempora et concordabis jura – distinguish


times and you will harmonize laws