Chapter 1.

Statutes

ratione cessat lex, et cessat lex (56) when the reason for the law ceases, the law
ceases

locus standi (69, 76) “legal standing”/personal and substantial interest

in the case such that the party has sustained or
will sustain direct injury as a result of the
governmental act that is being challenge

the right to bring an action to be heard in court

the term “interest” means a material interest, an

interest in issue affected by the decree

citizen acquires this only if he can establish that

he has suffered some actual or threatened injury
as a result of the government’s conduct, et al.

res judicata (79) a matter already judged/a rule that final judgment
is conclusive between the parties to a suit as to all
matters were litigated or that could have been
litigated in that suit

lis mota (86) maxim of adjudication that an issue assailing the

constitutionality of a governmental act should be
avoided whenever possible

fait accompli “a completed act”/situations fait accompli may no

longer be open for further inquiry, let alone be
unsettled by a subsequent declaration of nullity of
a governing statute

Chapter 2. Construction and Interpretation

ejusdem generis “of the same kind of nature”/a rule of interpretation
that where a class of things is followed by general
wording that is not itself expansive, the general
wording is restricted to things of the same type
as the listed or mentioned ([was not applicable in]
Garcia v. SSC)
verba legis (130) plain meaning rule, derived from the next maxim

index animi sermo est speech is the index of intention/presumption that

legis interpretato legis vim obtinet (140)
lex prospicit, non respicit (141)
the words employed by the legislature in a statute
correctly express its intention or will and preclude
the court from construing it differently
Article 8, Civil Code/the authoritative interpretation
of the Supreme Court of a statute acquires the
force of law by becoming a part therof (People v.
Jabinal, Caltex Inc. v. Palomar)
Article 4, Civil Code/the law looks forward not
backword (People v. Jabinal)

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expressium facit cessare tacitum (154)
Chapter 3. Aids to Construction
contemporanea exposito est optima e t
fortissima in lege (190)
optimus interpres rerum usus (194)
ratihabito mandato aequiparatur (221)
stare decisis [et non quieta novere] (202)
interest republicae ut sit finis litium
Chapter 4. Adherence to, or Departure from, Language of Statute
verba legis (206)
verba legis non est recendum
maledicta est exposito quae corrumpit textum
(208)
dura lex sed lex (209)
hoc quidem perquam durum est, sed ita lex
scripta est
absoluta sententia expositore non indiget
aequitas nunquam contravenit legis (210)
interpretatio fienda est ut res magis valeat
quam pereat (213)
ratio legis (214)
verba intentioni, non e contra, decent inservire
(215)
index animi sermo est (227)
cessante ratione legis, cessat et ipsa lex (230)
what is expressed puts an end to what is implied/
proceeds from premise that the legislative body
would not have made specific enumerations in a
statute, if it had the intention not restrict its
meaning and confine its terms to those expressly
mentioned
contemporary construction is the strongest in law
best interpreter of law is usage
ratification is equivalent to express command or
mandate/silence is acquiescence equivalent to
consent
Article 8, Civil Code/one should follow past
precedents and should not disturb what has been
settled/past decisions of the court be followed in
the adjudication of cases
does not fall under this maxim/principle
-sub silencio
-obiter dictum
interest of the state demands that there be an end
to litigation
plain-meaning rule
from the words of a statute there should be no
departure
it is dangerous construction which is against the
test (Regalado v. Yulo)
the law may be harsh but it is still the law
it is exceedingly hard but so the law is written
(more or less same principle as dura lex sed lex)
when the language of the law is clear, no
explanation of it is required
equity never acts in contravention of the law
interpretation as will give the thing is to be adopted
interpretation according to the spirit or reason of
the law
words out to be more subservient to the intent and
not the intent to the words
speech is the index of intention
when the reason of the law ceases, the law itself
ceasses
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ratio legis est anima the reason of the law is its soul/the reason of the
law is the life of the law/a lifeless law is a dead law
interpretatio talis in ambiguis semper fienda est where there is ambiguity, such interpretation as will
ut evitetur inconveniens et absurdum (236) avoid inconvenience and absurdity is to be
adopted
ea est accipienda interpretatio quae vitio caret that interpretation is to be adopted which is free
(243) from evil of injustice
fiat justicia, ruat coelum (245) when a provision of law is silent or ambiguous,
judges out to invoke a solution responsive to the
vehement urge of conscience (People v. Purisima)
ninguno non deue enriquecerse tortizeramente Article 10, Civil Code
con daño de otro (250)
surplusagium non noceat surplusage does not vititate a statute

utile per inutile non vitiatur nor is the useful vituated by the non-useful

falsa demonstratio non nocet, cum de corpore
constat (252)
ibi quid generaliter conceditur; inest haec
exceptio, si non aliquid sit contras jus badque
summum jus, summa injuria
nemo tenetur ad impossible (253)
false description does not preclude construction
nor vitiate the meaning of the statute which is
otherwise clear (City of Bagiuo v. Marcos)
every rule is not without an exception/where
anything is granted generally, this exception is
implied: that nothing shall be contrary to law and
right
the rigor of the law would become the highest
injustice
the law obliges no one to perform an impossibility

impossibilium nulla obligatio est there is no obligation to do an impossible thing

(same as preceding)
ex necessitate legis (255) from the necessity of the law (pursuant to the
doctrine of necessary implication) (Chua v. CSC)
in eo quod plus sit, semper inest et minus the greater includes the lesser (pursuant to the
doctrine of necessary implication)
ubi jus, ibi remedium where there is a right, there is a remedy for
violation thereof
ex dolo malo non oritur actio (265) no man can be allowed to found a claim upon his
own wrongdoing or inequity
nullus commodum capere potest de injuria sua no man should be allowed to take advantage of his
propria own wrong
pari delicto (in pari delicto potior est conditio “two or more people are all at fault or are all guilty
defendentis) of a crime”/this principle recognizes certain
exceptions, one of which is that it will not apply
when its enforcement or application will violate an
avowed fundamental policy or public interest/
enables Courts to provide a grant of relief
quando aliquid prohibetur ex directo, prohibetur what cannot, by law, be done directly cannot be
et per obliquuum (267) done directly/what the law prohibits cannot, in
some other way, be legally accomplished (e.g.
when a corporation is forbidden, the prohibition
extends to the board of directors, et al.)

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 Chapter 5. Interpretation of Words and Phrases
ubi lex non distinguit nec nos distinguere
debemus (276, 290, 291, 295, 298)
generalia verba sunt generaliter intelligenda what is generally spoken shall be generally
(276, 277)
generale dictum generaliter est interpretandum a general statement is understood in a general
verba accipienda sunt secundum materiam
(288)
dissimilum dissimilis est ratio (297)
noscitur a sociis (302)
ejusdem generis (308)
expressio unius est exclusio alterius (318, 324,
332)
argumentum a contrario [negative-opposite
doctrine] (323)
casus omissus [pro omisso habendus est] (336)
ad proximum antecedens fiat relatio nisi
impediatur sententia (337)
reddendo singula singulis (339)
the law makes no distinguish, so neither should we
(Mustang Lumber, Inc. v. Court of Appeals)
where the law does not make any exception,
courts may not except something therefrom,
unless there is compelling reason apparent in the
law to justify it (Guerrero v. Comelec; Peralta v. Civil
Service Commission)
understood/general words shall be understood in a
general sense (Gathcalian v. Commission on
Elections)
sense
a word is to be understood in the context in which
it is used
remember:
1) the context may give a broad sense to a word of
otherwise ordinarily limited meaning
2) the context may also limit the meaning of what
otherwise is a word of broad signification
of things dissimilar, the rule is dissimilar (Garvida v.
Sales, Jr.)
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 found or which it is associated
(Carandang v. Santiago; Co Kim Chan v. Valdez Tan
Keh; Motoomul v. Dela Paz)
the same kind of specie; where general word or
phrase follows an enumeration of particular and
specific words of the same class or where the
latter follow the former, the general word or phrase
is to be construed to include or be restricted to,
persons, things or cases akin to, resembling, or of
the same kind or class as those specifically
mentioned
the express mention of one thing, or consequence
implies the exclusion of all others
what is expressed puts an end to that which is
implied (Chung Fook v. White)
a person, object, or thing omitted from an
enumeration must be held to have been omitted
intentionally
express the doctrine of last antecedent; relative
words refer to the nearest antecedents, unless the
context otherwise requires
variation of the doctrine of the last antecedent;
referring each to each (People v. Tamani)
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