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Statcon Legal-Maxims

The document outlines several Latin maxims and principles of statutory interpretation used in construing statutes and determining legislative intent: 1) Ejusdem Generis - Where there is a list of specific things followed by a general term, the general term is understood to refer only to things of the same class as those specifically enumerated. 2) Noscitur a Sociis - The meaning of an ambiguous word or phrase can be determined by analyzing the words surrounding it. 3) Casus Omisus - Courts may supply words to a statute as necessary to eliminate inconsistencies and give effect to legislative intent. 4) Verba Legis - If the language of a statute is clear, it must

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386 views3 pages

Statcon Legal-Maxims

The document outlines several Latin maxims and principles of statutory interpretation used in construing statutes and determining legislative intent: 1) Ejusdem Generis - Where there is a list of specific things followed by a general term, the general term is understood to refer only to things of the same class as those specifically enumerated. 2) Noscitur a Sociis - The meaning of an ambiguous word or phrase can be determined by analyzing the words surrounding it. 3) Casus Omisus - Courts may supply words to a statute as necessary to eliminate inconsistencies and give effect to legislative intent. 4) Verba Legis - If the language of a statute is clear, it must

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liks5poyongan
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© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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 Ejusdem Generis

Where the general term follows the designation of particular things or classes of persons
or subjects, the general term will be construed to include only those things or persons of the
same class, kind or nature as those specifically enumerated.

Noscitur a Soclis
Under this rule, the meaning of particular terms in a statute may be ascertained by
reference to words associated with or related to them in a statute.
Where particular word or phrase in a statute is ambiguous in itself, or is simply
susceptible of various meanings, its true meaning may be made clear and specific by considering
the company of words in which it is found or which it is associated.

Casus Omisus
Under this rule, the words or phrases may be supplied by the courts and inserted in a
statute where that is necessary to eliminate repugnancy and inconsistency in the statute and to
complete the sense thereof, and to give effect to the intention of the legislature manifested
therein. The rule is especially applicable where such application is necessary to prevent the law
from becoming a nullity. This rule is also used to supply omissions occasioned by clerical errors,
by accident or inadvertence.

 Casus Omisus Pro OmissoHebendusEst


Under this rule, a person, object or thing omitted from the enumeration must be held to
have been omitted intentionally. The maxim can operate when the omission had been clearly
established.

 VerbaLegis (Plain Language Rule)


If the statute is clear, plain and free from ambiguity, it must be given its literal meaning
and applied without attempted interpretation.

 VerbaLegis Non EstRecedendum


From the words of a statute there should be no departure.

 Absolute SentenciaExpositore Non Indiget


When the language of the law is clear, no explanation of it is required.

 GeneraliaVerba Sun GeneraliterIntelligencia


What is generally spoken shall be general understood.

 Dura LexSedLex (The law may be harsh but that is the law)
The reason for the rule is that the legislature must be presumed to know the meaning of
the words, to have used the words advisedly and to have expressed its intent by the use of such
words as are found in the statute.

 Ratio Legis (Interpretation according to spirit)


In construing a statute, the courts must look into the spirit if the law or the reason for it.
The spirit or intention of the law prevails over the letter thereof.

 Ratio LegisEst Anime


The reason of the law is its soul.

 CessanteRatione (Legis) CessatIpsaLex


When the reason for the law ceases, the law also ceases to exist.

 MensLegilatores
The courts look into the object to be accomplished, the evils and mischief to be remedied
or the purpose to be observed. The court should give the statute a reasonable or liberal
construction which will best effect its purpose rather than one which will defeat it even though
such construction is not within the strict literal interpretation of the statute.

 ReddendoSingulaSingulis (Let each be put in its proper place)


Under this principle, where a sentence has several antecedents and several
consequents, they are to be read distributively. The antecedents should be referred to their
appropriate consequents and vice versa.
This is also to be referred to as the doctrine of collocation which literally means,
“referring each to each.”

 ExpressioUniusEstExclusioAlterius (InclusioUniusEstExclusioAlterius)
Mention of one thing implies the exclusion of another.
When a statute enumerates the subjects or things on which it is to operate, it is to be
construed as excluding from its effect all those no expressly mentioned.

GeneraliaSpecialibus Non Derogant


A penal law does not nullify a specific law. Special provisions prevail over general
provisions. A special law must be intended to constitute an exception to the general law in the
absence of special circumstances forcing a contrary conclusion.

 Legis Posteriors Priores Contraries Abrogant


In case of an irreconcilable conflict between two laws of different vintages, the latter
enactment prevails.

 Optima StatuliInterpretatixEstIpsumStatutum
The best interpreter of a statute is the statute itself

 Ut Res Magis Quam Pereat


This means that it is not enough that the statute should be given effect as a whole but
that effect should be given to each of the provisions of the statute.

 PariMatria (Materia) Rule


All statute relating to the same subject, or having the same general purpose, should be
construed together as if they constituted one law. They should be construed and harmonized with
the existing law.

 LexProspicit, Non Respicit


The law looks forward not backwards.

 Lex De Futuro, Judex De Praterito


The law provides for the future, the judge for the past.

 UbiLex Non DistinguitNecNosDistinguireDebemos


When the law does not distinguish, courts should also not distinguish.

Index Animi SermoEst


Speech is the index of ntention

 InterprationTalis In Ambiguis Semper FriendaEst, UtEviaturInconveniens Et Absurdum


Where there is ambiguity, such interpretation as will avoid inconvenience and absurdity is
to be adopted.
 Ex NecissitateLegis (Doctrine of Necessary Implication)
What is implied in the statute is as much part thereof as that which is expressed. Every
statute is understood, by implication, to contain all such provisions as may be necessary to
effectuate its object and purpose.

 In Eo Plus Sit, Simper InestInest Et Minus


The greater includes the lesser.

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