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LITERAL INTERPRETATION
6a - Index nimi / sermo est.
Speech is the index of intention.
- The words employed by the legislature in a statute correctly express its intent or will and
preclude the court from construing it differently.
- The legislature is presumed to know the meaning of the words, to have used the words
advisedly, and to have expressed its intent by the se of such words as are found in the
statute.
7c - Hoc quidem / perquam durum est, / sed ita lex scripta est.
It is exceedingly hard, but so the law is written.
- It is the sworn duty of the Court to apply it without fear or favor, to follow its mandate,
and not to tamper with it
14 - Jurae naturae aequum est / nminem / cum altrius detrimento et injuria / feri
locupletirem.
It is certainly not agreeable to natural justice that a stranger should reap the pecuniary produce
of another mans work.
- In case of doubt in the interpretation or application of law, it is presumed that the
lawmaking body intended right and justice to prevail.
- The fact that a statute is silent, obscure or insufficient with respect to a question before
the court will not justify the latter from declining to render judgment thereon
- In balancing conflicting solutions, that one is perceived to tip the scales which the court
believes will best promote the public welfare.
15a - Surplusgium / non nocet.
Surplusage does not vitiate a statute.
15b - tile / per inutile / non vitiatur.
The useful is not vitiated by the non-useful.
- Where a word, phrase or clause in a statute is devoid of meaning in relation to the context
or intent of the statute, or where it suggests a meaning that nullifies the statute or renders
it without sense, the word, phrase or clause may be rejected as surplusage and entirely
ignored.
- A statute is to be construed in accordance with the evident intent of the legislature
without regard to the rejected word, phrase or clause.
- If there is no meaning in it, there is no need to find any.
17 - Ibi / quid generliter concditur, / inest haec exceptio, / si non liquid sit contras / jus
basque.
Where anything is granted generally, exemption from rigid application of law is implied: that
nothing shall be contrary to law
- Equity as well as the exceptional situations in a case may require a departure from the
established rule.
- Compelling reasons may justify reading an exception to a rule where the latter does not
provide any.
IMPLICATIONS
20a - Ex necessitate legis.
By the necessary implication of law.
20b - In eo / quod plus sit, / semper inest et minus.
The greater includes the lesser.
- Doctrine of necessary implication what is implied in a statute is as much a 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 or to make effective rights, powers,
privileges, or jurisdiction which it grants, including all such collateral and subsidiary
consequences as may be fairy and logically inferred from its terms.
- Necessity defines what may properly and logically be inferred from and read into the
statute.
- It includes such inferences as may be logically drawn from the purpose or object of the
statute, from what the legislature must be presumed to have intended, and from the
necessity of making the statute effective and operative. It excludes what is merely
plausible, beneficial or desirable.
ASSOCIATED WORDS
28 - Nonscitur / a sociis.
A thing is known by its associates.
- 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 with which it is associated
- Where a particular word is obscure or of doubtful meaning, taken by itself, the obscurity
or doubt may be removed by reference to the meaning of associated or companion words
- Where the law does not define a word used therein, it will be construed as having a similar
meaning to that of words associated with or accompanied by it
- Where most of the words in an enumeration of words in a statute are used in their generic
and ordinary sense, the rest of the words should similarly be construed
- Where a word with more than one meaning is associated with words having specific or
particular signification, the former should be given a specific or particular meaning
29 - Ejusdem generis.
Of the same kind or specie.
- Where a 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 to be restricted to, persons, things or cases akin to,
resembling, or of the same kind or class as those specifically mentioned
- Where general words follow an enumeration of persons or things, by words of a particular
meaning, such general words are not to be construed in their widest extent, but are
heldto be applicable only to persons or things of the same kind or class specifically
mentioned
- Requisites:
o A statute contains an enumeration of a particular and specific words, followed by
a general word or phrase
o The particular and specific words constitute a class or are of the same kind
o The enumeration of the particular and specific words is not exhaustive or is not
merely by examples
o There is no indication of legislative intent to give the general words or phrases a
broader meaning
31 - Argumentum a contrrio.
Negative-Opposite: What is expressed puts an end to which is implied.
- Negative-opposite doctrine
- A statute which exempts the wife of a naturalized American for detention for treatment
in a hospital relates only to the wife of a naturalized citizen and not to a native-born
citizen without usurping the legislative function.
Exception
- That which would otherwise be included in the provision from which it is excepted
- A clause which exempts something from the operation of a statute by express words
PROVISO EXCEPTION
Defeats the operation of something from a Excempts something absolutely form the
statute conditionally operation fof a statute, by express words in
the enacting clause
Avoids something that otherwise would be a Takes out of the statute something that
part of the subject matter by way of otherwise would be a part of the subject
defeasance or excuse matter of it
The enactment is modified by engrafting upon Generally a part of the statute itself,
it a new provision, by way of amendment, absolutely excluding from its operation some
providing conditionally for a new case subject or thing that otherwise would fall
under its scope
They both except something from an enacting clause
35 - Exceptio / firmat rgulam / in csibus non exceptis.
A thing not being expected must be regarded as coming within the purview of the general rule.
- The express mention of exceptions operates to exclude other exceptions
- Conversely, those which are not within the enumerated exceptions are deemed included
in the general rule
- Where a statute expressly excepts certain matters from the operation of the statute, the
implication is that without such exception, the matter comes within the general rule
- Exceptions, as a general rule, should be strictly but reasonably construed. They extnd only
so far as their language fairly warrants and all doubts should be resolved in favor of the
general provisions rather than the exception
- Where a general rule is established by a statute with exceptions, the cout will not curtail
the former nor add the latter by implication
Saving clause
- Clause in a provision of law which operates to except form the effect of the law what the
clause provides, or to save something which would otherwise be lost
- Usually used to except something from the effect of a repeal of a statute
38 - Pari matria
Of the same matter.
- Statutes are in pari materia when they relate to the same person or thing, or have the
same purpose or object or cover the same specific or particular subject matter
- The later statute may specifically refer to the prior statutes
- It is sufficient, in order that they may be considered in pari materia, that the two or more
statutes relate to the same specific subject matter
- Two or more statutes are not in pari material if they refer to different specific matters,
although they fall under the same broad subject
GENERAL RULE:
47 Nullum crimen sine poena, / nulla poena sine lege.
There is no crime without a penalty. There is no penalty without a law.
- No penal law can have retroactive effect, no act or omission shall be held to be a crime,
nor is the author punished, except by virtue of a law in force at the time the act was
committed
- No ex post facto law or bill of attainder
EXCEPTION:
48 - Favorabilia sunt amplianda, / odiosa rstringenda.
Penal laws which are favorable to the accused are given retroactive effect.
- Penal laws shall have a retroactive effect insofar as they favor the person guilty of a felony
who is not a habitual criminal