You are on page 1of 12

Latin

Maxims

No. Latin Maxim Translation Loc.
1 Legis interpretatio / legis vim óbtinet. Judicial construction and interpretation of a statute acquires the force of law. 139b

"Transparent is the intention of the lawmaker to replace the pre-existing board with the new biard created by RA 417.

…in the case of Bonalos vs. People, in its Resolution dated 9/9/1988.Well-settled is the rule that statutes regulating the procedure of the
court will be construed as applicable to actions pending and undetermined at the time of their passage. Procedural laws are retrospective in
that sense and to that extent.

Following the Court’s ruling in Zambales Base Metals, Inc. vs. Minister of Labor in which we held that money claims are the exclusive domain
of the labor arbiters.

Being a curative statute, the Executive Order in question has retrospective effect. In Garcia vs. Martinez, we held that legislation “which is in
the nature of a curative statute” has “retrospective application to a pending proceeding.”

Being a curative statute, the Executive Order in question has retrospective effect. In Garcia vs. Martinez, we held that legislation which is in
the nature of a curative statute has retrospective application to a pending proceeding.

On 12/24/1965, the Supreme Court promulgated Pelaez v. Auditor General, holding that the authority to create municipalities is essentially
legislative in nature.

It should be recalled that this court had recently applied the provisions of Section 7-A in the case of Manuel Tiberio vs. Manila Pilots
Association, L-17661 and PRISCO vs. CIR et al, L-14613, 11/30/1962.

In Nicolas vs. Reparations Commission, a case involving the interpretation of a stipulation as to venue along lines similar to the present one,
it was held that the agreement of the parties which provided that “all legal actions arising out of this contract xxx may be brought in and
submitted to the jurisdiction of the proper courts in the City of Manila,” is not mandatory.

In the case of Republic vs. Rodriguez this court underscored “the need of proceeding with caution so that a party may not be deprived of its
right to appeal except for weighty reasons.”
2a Contemporanea expositio /est óptima et fortíssima in lege. Contemporary construction is strongest in law. 190t
*b Óptima est legum interpres / consuetudo. Custom is the best interpreter of a statute.
[c] Régula pro lege,/ si déficit lex. In default of law, the maxim rules.
3a Óptimus interpres rerum / usus. The best interpreter of the law is usage. 194m
*b Communis error / facit jus. Common error sometimes passes as current law.
*c Quod ab inítio non valet / in tractu témporis / non cónvalescit. That which was originally void does not, by lapse of time, become valid.
4 Ratihabítio / mandato aequiparatur. Legislative ratification is equivalent to a mandate. 200t

It may be stated, as a general rule, that curative statutes are forms of “retroactive legislation which reach back on past events to correct
errors or irregularities and to render valid and effective attempted acts which would be otherwise ineffective for the purpose the parties
intended.”

Curative laws, which in essence are retrospective, and aimed at giving “validity to acts done that would have been invalid under existing
laws, as if existing laws have been complied with,” are validly accepted in this jurisdiction, subject to the usual qualifications against
impairment of vested rights.

“whatever defects (were) present in the creation of municipal districts by the President pursuant to presidential issuances and executive
orders, (were) cured by the enactment of RA 7160, otherwise known as Local Government Code of 1991.” In an order dated 1/17/1992, the
same court denied petitioner municipality’s motion for reconsideration.

Latin Maxims

5a Stare decisis / et non quieta movere. Follow past precedents and do not disturb what has been settled. 202b
203t
The doctrine of non-retroactivity was reiterated in the case of Degovia v. noel and restated in Espiritu v. Cipriano and Phil Virginia Tobacco.
Admin v. gonzales.

The interest of the state demands that there be an end to litigation.
b Interest reipúblicae / ut sit finis lítium.
6a Index ánimi / sermo est. Speech is the index of intention. 206m

Courts will not hold one person criminally responsible for the acts of another committed without his knowledge or consent, unless there is a 206b
statute requiring it so plain in its terms that there is no doubt of the intention of the legislation. 208b

The intention of the man is the soul of what is written.
Do not depart from the words of the statute.
[b] Ánimus hóminis / est ánima scripti.
c Verba legis / non est recedendum. Article 3 of the civil code (now Article 4) provides that: "Laws shall not have a retroactive effect unless therein otherwise provided.
According to his provision of law, in order that a law may have retroactive effect, it is necessary that an express provision to this effect be
made in the law, otherwise nothing should be understood which is not embodied in the law.

The issue in these cases is whether or not the amendment in Ra 6389 should be given retroactive effect to cover cases that were filed during
the effectivity of the repealed provision

It is a settled rule in statutory construction that a statute operates prospectively only and never retroactively, unless the legislative intent to
the contrary is made manifest either by the express terms of the statute or by necessary implication.

The provisions of this paragraph shall also be applicable to coprincipals, accomplices and accessories after the fact of the abovementioned
crimes.

Outside and beyond that period, the law did not, by the express mandate of the Act itself, operate. The said law did not, by it express terms,
purport to give a retroactive operation. It is a well-established rule of statutory construction that “Expressium facit cessare tacitum” (That
which is expressed puts an end to that which is implied.)

Strict construction to prevent retroactive operation has often been applied in order that the statute would not violate contractual
obligations or interfere with vested rights. Prospective operation will e presumed where a retroactive operation would produce invalidity.

We fail to see how respondent judge can ignore what…in his words, are the very wordings of the terms and conditions in said stock
certificates and construe what is clearly a mere option to be his legal basis for compelling the petitioner to redeem the shares in question.

Courts must not bring cases within the provision of a law which are not clearly embraced by it. No act can be pronounced criminal which is
not clearly made so by statute, so too, no person who is not clearly within the terms of statute can be brought within them. Any reasonable
doubt must be resolved in favor of the accused.

d Maledicta est / exposítio quae corrumpit textum. It is bad construction which corrupts the text.
[e] Littera scripta / manet. The written word endures.
[f ] Cláusula rebus / sic stántibus. Things thus standing.

Latin Maxims

7a Absoluta senténtia / expositore / non índiget. When the language of the law is clear, no explanation is required. 209t
209m
The law being a "temporary measure designed to meet a temporary situation." It has a limited period of operation as in fact it was so 209m
worded in clear and unequivocal language that "No lessor of a dwelling unit or land xxx shall, during the period of one year from 3/31/1970,
increase the monthly rental agreed upon between the lessor and lessee prior to the approval of this Act.

We. Therefore, rule that RA 6126 is not applicable to the case at bar. As the language of the law is clear and unambiguous, it must be held to
mean what it plainly says.

Where the law is clear, it must be applied to the facts as found.

The law is unambiguous and its rationale is clear. Time and again, this Court has declared that where the law speaks in clear and categorical
language, there is no room for interpretation, vacillation or equivocation; there is room only for application.

The foregoing provision is clear and leaves no room for doubt. It cannot be interpreted otherwise than that the submission of memoranda is
optional on the part of the parties.

The prohibition is absolute and general: the intention of the legislature so plain and clear. The wording of the law is plain that nothing is left
to interpretation. The language of the law being free from ambiguity, it will be construed as it reads, and the words of the statute given their
full meaning, considering the intention of the legislature and the object aimed at, a construction which will defeat that obvious purpose
cannot be adopted.

b Dura lex / sed lex. The law may be harsh but it is the law.
c Hoc quidem / perquam durum est, / sed ita lex scripta est. It is exceedingly hard, but so the law is written.
8a Aéquitas / nunquam contravenit legis. Equity never acts in contravention of the law. 210m

Favorabilia sunt amplianda, odiosa restringenda. AS one distinguished author has put it, the exception was inspired by sentiments of
humanity and accepted by science

[b] Aéquum et bonum / est lex legum. What is good and equal is the law of laws.
[c ] Jus / ars boni et aéqui. Law is the art of good and equitable.

Latin Maxims

9a Ratio legis / est ánima legis. The reason of the law is the soul of the law. 214t

More important than resort to statutory construction in determining the issue of retroactivity is the ascertainment of the objectives sought 215m
to be realized by the Code of Agrarian Reforms.

Precisely, the legislators, in providing "Personal cultivation" as a ground to eject tenants intended to encourage and attract the landowners
to go to their respective provinces and till their own lands.

The purpose of this rule requiring reservation is to prevent the offended party from recovering damages twice for the same act or omission.

There cannot be any doubt that one of the purposes of Congress when it enacted RA 3147, by amending Section 13 of RA 85, was to erase
any doubts regarding the legality of the acquisition by the DBP of the 159 lots from PHHC for the housing project which it intended to
establish for its employees who did not yet have houses of their own.

The Court ruled that, in view of the promulgation of Executive Order No. 111, Zambales Base Metals vs. Minister of Labor is no longer a good
law. Executive No 111 has the character of a curative law, that is to say it was intended to remedy a defect that, in the opinion of the
legislature (the incumbent Chief Executive in this case, if the exercise of her lawmaking powers under the Freedom Constitution) had
attached to the provision subject of the amendment.

Article 1602 is a new provision in the Civil Code designed primarily to curtail the evils brought about by contracts of sale with right of
repurchase, such as the circumvention of the usury law and pactum commissorum.

Similarly, the avowed purpose of the new system is more succinctly expressed in the unnumbered circular of the Bureau of Posts…

In the provision subject of controversy, it is to be noted that the verb-phrase “shall accept or discount” has two modifiers, namely, “subject
to availability of loanable funds” and “at not more than two per centum per annum for ten years.”

Strict adherence to the statutes governing tax sales is imperative not only for the protection of the tax payers, but also to allay any possible
suspicion of collusion between the buyer and the public officials, called upon to enforce such laws.

This rule of strict construction is subordinate to the rule of reasonable, sensible construction having in view the legislative purpose and
intent, and giving effect to the same.

The penal sections standing alone admit of the construction offered, but with an examination of the context of the statute and the
expressed purpose of the law, as well as the object of its enactment, it is manifest that the law penalizes the slaughter of large cattle for
human consumption, anywhere, without a permit duly secured from the municipal treasurer of the municipality wherein the cattle were
butchered.

[b] Líttera necat / spíritus vivíficat. The letter kills but the spirit gives life.
c Verba intentioni, / non e contra, / debent inservire. Words ought to be more subservient to the intent and not to the words.

*d Benignus / leges interpretandae sunt, / quod voluntas earum Law is to be construed liberally so that its spirit and reason be preserved.
/conservetur.
*e Qui haret in líttera / haret in córtice. He who considers merely the letter of an instrument goes but skin deep into its meaning.

*f Quando verba statuti sunt speciali, / ratio autem generália, / When the words used in a statute are special, but the purpose of the law is general, it should be read as the general expression.
statutum / generáliter est intelligendum.
10 Cessante rationi legis, / cessat et ipsa lex. When the reason of the law ceases, the law itself ceases. 230m

Latin Maxims

11a Interpetatio talis / in ambíguis / semper fienda est / ut evitetur When there is ambiguity, the interpretation of such that will avoid inconvenience and absurdity is adopted. 236m
inconveniens / et absurdum. The construction of the law will not be as such as to work injury or injustice.
*b Legis constructio / non facit injuriam.
Finally, a contrary interpretation would be unjust and dangerous as it may defeat the litigant’s right to appeal granted to him by law.

*c Argumentum ab inconvenienti / plúrimum valet in lege. An argument drawn from inconvenience is forcible in law.
*d Verba / nihil operari meliús est / quam absurde. It is better that words should have no operation at all than that they should operate absurdly.

*e Lex / semper intendit / quod convenit rationi. The law always intends that which is in accordance with reason.
*f Ubi eádem ratio / ibi idem jus. Where there is the same reason, there is the same law.
[g] Argumentum a símili / valet in lege. An argument drawn from a similar case, or analogy prevails in law.

Indeed, if mailing of notices is essential, then by parity of reasoning, publication in a newspaper of general circulation is likewise imperative
since the law included such requirement in its detailed provision.


[h] De simílibus / idem est judicium. Concerning similars, the judgement is the same.

Indeed, if mailing of notices is essential, then by parity of reasoning, publication in a newspaper of general circulation is likewise imperative
since the law included such requirement in its detailed provision.

[i ] Ubi eádem est ratio, / ibi est eádem legis disposítio. Where the reason is the same, there is the same verdict of the law
243b



12a Ea est accipienda interpretatio quae vitio caret. That interpretation is to be adopted which is free from injustice.

To hold that they can no longer eject their tenants because of RA 6389 would deprive them of their right to enjoy their property which they
had already asserted before the statute was passed.

Finally, a contrary interpretation would be unjust and dangerous as it may defeat the litigant’s right to appeal granted to him by law.

The compulsory acceptance and discount of certificates will bring about, as a direct and necessary consequence, the suspension of all, if not
of most, of the activities of the Rehabilitation Finance Corporation.

[b] Lex injusta non / est lex. An unjust law is not a law.
13a Fiat justítia, / ruat coelum. Let right be done, though the heavens fall. 245t
[b] Nemo est / supra legis. Nobody is above the law.
[c] Nulla potentia / supra legis esse debet. No power must be above the law.
14 Jurae naturae aequum est / néminem / cum altérius detrimento et It is certainly not agreeable to natural justice that a stranger should reap the pecuniary produce of another man’s work. 248m
injuria / fíeri locupletiórem.
15a Surpluságium / non nocet. Surplusage does not vitiate a statute. 250m
b Útile / per inutile / non vitiatur. The useful is not vitiated by the non-useful. 250m
16a Falsa demonstratio / non nocet, / cum de córpore constat. False description does not preclude construction nor vitiate the meaning of the statute. 252t
Error in name does not make an instrument inoperative when the description is sufficiently clear.
*b Nil facit / error nóminis / cum de córpore vel persona / constat. That is sufficiently certain which can be made certain.

*c Certum est / quod certum reddi potest.

Latin Maxims

17 Ibi / quid generáliter concéditur, / inest haec exceptio, / si non Where anything is granted generally, exemption from rigid application of law is implied: that nothing shall be contrary to law. 252m
áliquid sit contras / jus basque.
18a Summum jus, / summa injúria. The rigor of the law would be the highest injustice. 252b
[b] Jus summum saepe, / summa est malitia. Extreme law is often extreme wrong.
19a Nemo / tenetur ad impossibília. The law obliges no one to perform an impossibility. 253t
b Impossibílium nulla / obligátio est. There is no obligation to do an impossible thing. 253t
*c Lex / non cogit ad impossibília. The law does not require an impossibility.
*d Lex / non intendit áliquid impossíbile. The law does not intend the impossible.
20a Ex necessitate legis. By the necessary implication of law. 255m
b In eo / quod plus sit, / semper inest et minus. The greater includes the lesser. 255m
*c Cúi / jurisdíctio data est, / ea quoque / concessa esse videntur / sine When jurisdiction is given, all powers and means essential to its exercise are also given.
quibus jurisdictio / explicari non pótuit.
21a Ubi jus, / ibi remédium. Where there is a right, there is a remedy for the violation thereof. 257m
[b] Ubi jus incertum, / ibi jus nullum. Where the law is uncertain, there is no right.
22a Ex dolo malo / non óritur actio. An action does not arise from fraud. 265b
b Nullíus / cómmodum cápere potest / de injuria sua propria. No one may derive advantage from his own unlawful act. 265b
c In pari delicto / pótior est condítio defendentis. Where the parties are equally at fault, the position of the defending party is the better one. 266t
23 Quando áliquid / prohibetur ex directo, / prohibetur et per What cannot by law be done directly cannot be done indirectly. 267t
oblíquum.
24a Generália verba / sunt generáliter intelligenda. General words should be understood in their general sense. 276m
276m
It is a settled rule in statutory construction that a statute operates prospectively only and never retroactively, unless the legislative intent to
the contrary is made manifest either by the express terms of the statute or by necessary implication.

The use of the word “shall” and of the phrase “except in the cases determined” shows that Section 1 is mandatory, not directory merely.
The mandatory nature of the legal provision is determined not only by the language of the statute but also by a sound public policy and the
evident legislative intent.

…we hold that in the present case, the term must be understood on its normal mandatory meaning.

The basic canon of statutory interpretation is that the word used in the law must be given its ordinary meaning, unless a contrary intent is
manifest from the law itself.

b Generale dictum / generáliter est interpretandum. A general statement is understood in its general sense.
25a Verba / accipienda sunt / secundum subjectam matériam. A word is to be understood in the context in which it is used. 288b

Cement should be considered as "mineral product"

The use of the word “shall” and of the phrase “except in the cases determined” shows that Section 1 is mandatory, not directory merely.
The mandatory nature of the legal provision is determined not only by the language of the statute but also by a sound public policy and the
evident legislative intent.

It is an elementary rule of statutory construction that, whenever possible, all the words of a statute are to be given some meaning. Penal
provisions of a statute are construed strictly; and particular words used in the law should be construed in relation to the context.

*b Verba mere aequivoca, / si per communem usum loquendi / in Equivocal words or those with double meaning are to be understood according to their common and ordinary sense.
intellectu certo sumuntur, / talis intellectus / preferendus est. Words of art should be explained from their usage in the art to which they belong.
*c Verba artis / ex arte.

*d Verba generália / restringuntur / ad habilitatem rei vel personam. General words should be confined according to the subject matter or persons to which they relate.
Latin Maxims

26 Ubi lex non distínguit / necnon / distínguere debemus. Where the law does not distinguish, the courts should not distinguish. 289b
27 Dissímilum / dissímilis est ratio. Of things dissimilar, the rule is dissimilar. 297b
28 Nonscitur / a sociis. A thing is known by its associates. 302t
29 Ejusdem generis. Of the same kind or specie. 309m
30a Expressio uníus / est exlusio altérius. The express mention of one person, thing or consequence implies the exclusion of all others. 318b
b Expressum / facit cessare / tácitum. What is expressed puts an end to that which is implied.
319t
Outside and beyond that period, the law did not, by the express mandate of the Act itself, operate. The said law did not, by it express terms,
purport to give a retroactive operation. It is a well-established rule of statutory construction that “Expressium facit cessare tacitum” (That
which is expressed puts an end to that which is implied.)
31 Argumentum a contrário. Negative-Opposite: What is expressed puts an end to which is implied. 323b
32 Casus omissus / pro omisso / habendus est. A person, object or thing being omitted from an enumeration must be held to have been omitted intentionally. 336b

On 9/10/1971, RA 6389, in amending RA3844, eliminated personal cultivation as a ground for the eject,ent of the tenant or
33 Ad próximum antecedens / fiat relatio / nisi impediatur senténtia. A qualifying word or phrase should be understood as referring to the nearest antecedent. 337m
34 Reddendo / síngular síngulis. Referring to each or referring each phrase or expression to its appropriate object, or let each be put in its proper place. 339b
35 Exceptio / firmat régulam / in cásibus non exceptis. A thing not being expected must be regarded as coming within the purview of the general rule. 346b
36a Óptima statuti interpretatrix est / ipsum statutum. The best interpreter of the statue is the statute itself. 356m

Cement should be considered as "mineral product"

Hence, Section 22 mandates that the corporation must be formally organized and should commence transactions within two years from
date of incorporation. Otherwise, the corporation would be deemed dissolved. On the other hand, if the corporation commences operations
but becomes continuously inoperative for five years, then it may be suspended or its corporate franchise revoked.

While concededly such literal mandate is not an absolute rule in statutory construction, as its import ultimately depends upon its context in
the entire provision…

Art. 335 The following cannot adopt: …. Art 338 The following may be adopted…

One of these rules is that all parts of a statute are to be harmonized and reconciled so that effect may be given to each and every part
thereof, and that conflicting intentions in the same statute are never to be supposed or so regarded, unless forced upon the court by an
unambiguous language.

*b Ex tota matéria / emergat resolútio. The exposition of a statute should be made from all its parts combined
Injustum est, / nisi tota lege inspecta, / de una áliqua ejus partícula It is unjust to decide or to respond as to any particular apart of a law without examining the whole of the law.
*c propósita / indicare vel respóndere
*d Nemo enim aliquam partem / recte intellígere possit / ántequam The sense and meaning of the law is collected by viewing all the parts together as one whole and not of one part only by itself.
totum / íterum atque íterum perlegit.
*e Ex antecedéntibus et consequéntibus fit / óptima interpretatio. A passage will be best interpreted by reference to that which precedes and follows it.

*f Verba postérima / propter certitúdinem áddita ad prioria / quae Reference should be made to a subsequent section in order to explain a previous clause of which the meaning is doubtful.
certitúdine indiget / sunt referenda.

Latin Maxims

37 Interpretatio fienda est / ut res magis váleat quam péreat. A law should be interpreted with a view of upholding rather than destroying it. 360t

In the same case of Camacho v CIR, we also held the following, " but even if to apply RA 34 to tenancy relations in agricultural year 1946-
1947 between the parties would be tantamount to giving said Act retroactive or retrospective effect, our Constitution does not in terms
prohibit the enactment of retrospective laws which do not impair the obligations of contract or deprive a person of property without due
process of law, that is, which do not divest rights of property and vested rights."

A statute should not be interpreted in a manner that would render its application violative of a constitutional inhibition.

No pretension of unconstitutionality per se of Section 442 (d) of the LGC is proffered. It is doubtful whether such a pretext, even if mae
should succeed. The power to create political subdivisions is a function of the legislature.

Although the language of the law is susceptible of two or more constructions, that the construction should be adopted which will most tend
to give effect to the intent of the legislature and promote the object for which the statute was enacted.
38a Pari matéria Of the same matter. 376m
b Interpretare et concordare / leges légibus / est óptimus Every statute must be so construed and harmonized with other statutes as to have a uniform system of law. 376b
interpretandi modus.
Appointment of the respondents is valid. It is obvious that it is the intention of Congress to do so, because the provisions of said act are
inconsistent with those of the Revised Admin Code as amended by Act No. 4007

As worded, there is room to construe said provision as giving discretion to the reviewing officials to stay the execution og the appealed
decision. There is nothing to infer therefrom that the reviewing officials are deprived of the authority to order a stay of the appealed order.

…based on “turncoatism” as provided for under Section 10, Article XII-C of the 1973 Constitution in relation to Section 4 of Batas Pambansa
Blg. 52.

Hence, the more logical interpretation is that which gives effect to Section 10 of Article XII (c) of the 1973 Constitution and does not violate
the individual’s basic right to association.
39a Distíngue témpora / et concordabis jura. Distinguish times and you will harmonize law. 379t
[b] Témpora mutantur / et leges mutantur in illis Times have changed and laws have changed with them.
[c] Mutatis / mutandis. With the necessary changes.

Latin Maxims

40a Salus pópuli / est suprema lex. The welfare of the people is the supreme law. 396t
b Statuta / pro público cómmodo / late intepretantur. Statutes enacted for the public good are to be construed liberally. 396t

If the courts can deign to be indulgent and lenient in the interpretation of the rules respecting ordinary civil actions involving private parties
representing private interests, with more reason should the rules involving election cases which are undoubtedly impressed with public
interest, be construed with the same or even greater forbearance and liberality.

*c Privatum incómmodum / público bono / pensatur. The private interests of the individual must give way to the accommodation of the public.
41a Actus / non facit reum / nisi mens sit ren. The act does not make a person guilty unless the mind is also guilty. 408m
408m
A person should not be held criminally liable for the acts of another done without his knowledge or consent, unless the law clearly so
provides.

b Actus / me invito factus / non est meus actus. An act done by me against my will is not my act.
42a Privilégia / recipiunt largam intepretationem / voluntate Privileges are to be interpreted in accordance with the will of him who grants them. 414t
consonam concendentis.
To sustain the contrary position of respondent Secretary would constitute a derogation of the basic tenet in both American and Philippine
jurisprudence that statutes offering rewards must be liberally construed in favor of informers and with regard to the purpose of which they
are intended, with mere technicality yielding to the substantive purpose of the law.

[b] Renunciatio / non praesúmitur. Renunciation cannot be presumed.
43 Strictíssimi juris. Follow the law strictly. 417b

Statutes in derogation of general rights must be strictly complied with. A statute under which it is attempted to deprive a citizen of private
property without or against his consent, as in expropriation cases, must be strictly adhered to.
44 Nullum tempus occurit / regi. There can be no legal right as against the authority that makes the law on which the right depends. 430m
45a Vigilántibus et non dormiéntibus / jura subveniunt. The law aids the vigilant, not those who slumber on their rights. 474b
474b
Petitioner’s theory might perhaps be a point to consider had the case been seasonably brought. Executive Order No. 353 creating the
municipal district of San Andres was issued on 8/20/1959 but it was only after almost 30 years or on 6/5/1989 that the municipality of San
Narciso finally decided to challenge the legality of the executive order.

But petitioners contended that to give the amendment a retroactive effect will be a violation of the constitutional mandate regarding
abridging the obligations of contracts and that it will prejudice their right to their accrued overtime compensations and to bring actions for
collection originally provided to be within 6 years.

b Pótior est in témpore,/ pótior est in jure. He who is first in time is preferred in right.

Latin Maxims

46a Lex próspicit, / non réspicit. The law looks forward, not backward. 489b
489b
Decisions enunciating new doctrines are prospective. When a doctrine laid down by the supreme court is overruled and a different view is 490t
adopted, the new doctrine should be applied prospectively and should not apply to parties who had relied on the old doctrine and acted on
the faith thereof.

...cannot be made from the foregoing facts, because it would be contrary to the general principle of law, affirmed time and again in judicial
decisions, to the effect that unless otherwise provided therein the provisions of law should be applied prospectively.

Statute should be comsidered as prospective in its operation, unless the language of the statute clearly demands or expresses that it shall
have retroactive effect.

It may be clearly seen that as far back as the year 1884, when the Penal. Code took effect in these Islands until 12/31/1931, the principle
underlying our laws granting to the general rule that laws shall not be a retroactive, ie when the law in question favors the accused, has
evidently been carried over into the RPC at present in force in the Philippines through article 22.

Article 4 of the New Civil. Code ordains that laws shall have no retroactive effect unless the contrary is provided and that where the law is
clear, our duty is equally plain.

It does not appear from the language of the law itself, or from any other circumstances that the Legislature had intended to give the
provisions of RA 145 any retroactive effect such as to affect contracts entered into under the sanction of the previous law.


b Lex de futuro, / judex de praetérito. The law provides for the future, the judge for the past.
c Nova constitution / futuris formam impónere debet non praeteritis. A new statute should affect the future, not the past.

It is a settled rule in statutory construction that a statute operates prospectively only and never retroactively, unless the legislative intent to
the contrary is made manifest either by the express terms of the statute or by necessary implication.

As such, it can be applied retroactively independent of the general rule against the retrospective application of statutes. Being procedural in
nature, it shall apply to all actions pending at the time of its enactment except only with respect to those cases which had already attained
the character of a final and executory judgment.

*d Leges quae, retrospiciunt,/ et magna cum cautione sunt adhibendae Laws which are retrospective are rarely and cautiously received for Janus has really no place in the laws.
/ neque enim Janus locatur in legibus.

*e Leges et constitutiones / futuris / certum est dare formam / Laws should be construed as prospective, not retrospective, unless they are expressly made applicable to past transactions and to such as
negótiis, non ad facta praeterita revocari, / nisi nominatim / et de are still pending.
praeterito témpore et adhuc pendéntibus negótiis / cautum sit. Article 3 of the civil code (now Article 4) provides that: "Laws shall not have a retroactive effect unless therein otherwise provided.
According to his provision of law, in order that a law may have retroactive effect, it is necessary that an express provision to this effect be
made in the law, otherwise nothing should be understood which is not embodied in the law.

Wherefore, it has no application to past times but only to future time, and that is why it is said that the law looks to the future only, and has
no retroactive effect unless the legislator may have formally given that effect to some legal provisions.

Although the incident in question and the actions arising therefrom were instituted before the promulgation of the 1985 Rules of Criminal
Procedure, its provisions which are procedural may apply retrospectively to the present case.
As such, it can be applied retroactively independent of the general rule against the retrospective application of statutes. Being procedural in
nature, it shall apply to all actions pending at the time of its enactment except only with respect to those cases which had already attained
the character of a final and executory judgment.
Latin Maxims

47 Nullum crimen sine poena, / nulla poena sine lege. There is no crime without a penalty. There is no penalty without a law. 494t

The said Act 138 imposes no penal sanction whatsoever, and the penalty provided by Act 108 cannot be correctly extended to and applied in
this case.

48 Favorabilia sunt amplianda, / odiosa réstringenda. Penal laws which are favorable to the accused are given retroactive effect. 497t

The provisions of this paragraph shall also be applicable to coprincipals, accomplices and accessories after the fact of the abovementioned
crimes.

It may be clearly seen that as far back as the year 1884, when the Penal. Code took effect in these Islands until 12/31/1931, the principle
underlying our laws granting to the general rule that laws shall not be a retroactive, ie when the law in question favors the accused, has
evidently been carried over into the RPC at present in force in the Philippines through article 22.

In. People v. simon, the Court explicitly states that the beneficient provisions of the law shall be given retroactive effect, specifically the
provision which bases the penalties imposed upon the quantity of the regulated drugs involved subject to certain exceptions particularized
therin

...in cases wherein the penalty of "life imprisonment" has been imposed by the trial court, would prove more burdensome upon the
appellant and would contradict the basic principle that all penal laws shall be interpreted in favor of the accused.

The rule is: penal statutes are construed liberally in favor of the accused. ARTicle 22 of the Code moreover, ordains the retroactive effect of
penal laws in favor of accused persons who are not habitual criminals.

Penal statutes whether substantive and remedial or procedural are, by consecrated rule, to be strictly applied against the government and
liberally in favor of the accused.

The statute concerned is largely penal in its character and must be construed strictly against the State,

Penal statutes, substantive and remedial or procedural are, by consecrated rule, to be strictly applied against the government and liberally
in favor of the accused.
49 Leges posteriores / priores contrárias ábrogant. Later statutes repeal prior ones which are repugnant thereto. 563t

It is obvious that it was the intention of Ckongress to do so because the provisions of said Ra are inconsistent with those of the Revised
Admin Code as amended by said Act No. 4007 and Ra 417. The last paragraph of Sec 1 provides that "except as modified by this Act, all laws
governing examinations given by the above-mentioned boards shall continue in force.

Appointment of the respondents is valid. It is obvious that it is the intention of Congress to do so, because the provisions of said act are
inconsistent with those of the Revised Admin Code as amended by Act No. 4007

Petitioner invokes the repealing clause of Section 530(f). RA 7160 which provides…
50 Generalia / speciálibus /non dérogant. A general law does not nullify a specific or a special law. 564m

Jurisdiction having been conferred by a special statute therefore prevails over the jurisdiction granted by a general law.

When the Legislature said: “that actions already commenced before the effective date of this Act shall not be affected by the period herein
described” – it has already conceded the retroactive application of the said Section 7-A.

Latin Maxims

OTHER MAXIMS

*A Ignorántia legis / néminem excusat Ignorance of the law excuses no one.
*B 1 In obscuris / ínspici sólere quod verisimílius est,/ aut quod plerumque fíeri solet. When matters are obscure, it is customary to take what appears to be more likely or what usually often happens.
[2] Ambigúitas verborum patens / nulla verificatione excluditur A patent ambiguity can be cleared up by extrinsic evidence (unless perfectly vague)

Furthermore, careful perusal of the explanatory note to House Bill 3251 which was later approved as RA 1299, and
the portions of the record of the discussions in Congress relative thereto, reveal nothing that would suggest that the
amendment was enacted to operate retrospectively.

Apellant has placed unqualified reliance on American jurisprudence and authorities to bolster its theory that the
municipal resolution in question cannot nullify or supersede the agreement of the parties embodied in the sales
contract as that it claims would impair the obligation of contracts in violation of the Constitution. Such reliance is
misplaced.

According to Black, …

The phrase “subject” means “being under the contingency of” (Webster Int. Dict.) a condition.

“Prohibitive or negative words can rarely, if ever, be directory, or or, as it has been aptly stated, there is but one way
to obey the command ‘thou shall not’ and that is to completely refrain from doing the forbidden act. And this is so,
even though the statute provides no penalty for disobedience.” (Crawford, op. cit., sec. 263 p. 523)
*C 1 Ad ea / quae frequéntibus accident / jura adaptatur Laws are understood to be adapted to those cases which most frequently occur.
*2 Jus constítui oportet in his / quae ut plúrimum accident / non quae ex inórdinato. Laws ought to be made with a view to those cases which happen most frequently and not those which are of rare or
Quod / semel aut bis / existit / praetéreunt legislatores. accidental occurrence.
*3 De mínimis / non curat lex. Legislators pass over what happens only once or twice.
[4] The law does not concern itself with trifling matters.
*D Nigrum / numquam excedére debet /rubrum. The black (body of the act printed in black) should never go beyond the red (title or rubric of the statute printed in
red).

You might also like