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.”