hello good evening everyone this is attorney angel so as I mentioned in our last presentation I will have a separate set of slides for our lab for the labid legal magazines so let me start with a brief introduction regarding well it'll it lead Latin legal maxim sir like in math seems legal Maxine's so the use of Latin legal Maxim's has its origin from the Roman law Roman law in Roman literature are well noted for the originality and style and it is noteworthy to mention that our new Civil Code is also of Roman law origin although modern laws have taken over Roman law still holds a valuable place to modern nations all over the world and we still find lacking Maxim's to be useful up to this time especially in the interpretation of statutes and there are many cases in which judges and justices have used Latin legal Maxim's to emphasize the principles and doctrines enunciated in their decisions furthermore admit it or not the lack in Maxim's add to the elegance and style in the use of the language in these decisions to emphasize legal points okay and if we're already lawyers this will be useful to you and it will add an extra spice when you make your pleadings or when you cite legal Maxim's or Latin Maxim's in your pleadings in different documents or position papers legal opinion cetera so at start you we have legs cross-species Mon recipes it which the English translation is below looks forward not back in connection with this is legs default or should XD prepare you which translates to the law provides for the future the judge for the past this is connected we have the prospectivity of our loss particularly in article 4 of the new Civil Code of the Philippines it states that law shall have no retroactive effect unless the contrary is provided in our jurisdiction our statutes are to be construed as having perspective operation unless the purpose and intention of the legislature is to give them retrospective effect but this must be expressly declared from the language of the law and in case of doubt the doubt must be resolved against retrospective effectivity hey but note that also in the case of US versus Diaz one day a very old case 1922 it stated that even when expressly so provided a statute will not be given retroactive application if number one it would there be it it will thereby become an ex post facto law or Mertle it would impair the obligation of contracts or number three otherwise destroy or impair vested rights the reason for this is the tendency of the retrospective application to be unjust and oppressive on account of the liability to unsettle vested rights of prior transactions moving on we have absolutely sentential expository one indigent I'm sorry for the typo error that's non-indigent not non-indigent Auto spam sorry which translates to when the language of the law is clear no explanation of it is required and another one which is also connected to the first one is optimist a 2t in damp Republic's s in substituting the English translation of which is the best interpreter of the statute is the statute itself you can check out an old case people versus mapa 1967 case where in the Supreme Court held that construction and interpretation come only after it has been demonstrated that application is impossible or inadequate with them it is not within the power of a court to set aside the clear and explicit mandate of a statutory provision okay next we have Raja ladies asked a NEMA or the reason of the law is it soul then Raja ladies interpretation according to spirit in society Raja necessar it selects or when the reason of the loss he says the law ceases also to exist these are connected they based on the principle that it is not the letter of the law that killeth it is the spirit of the lord giveth life span supporter of this is justice is a gang cruise when he said that two literal reading of the law is apt to constrict rather than fulfill its purpose and defeat the intention of its authors that intention is usually found not in the letter that killeth but in the spirit that giveth life which is not really that evanescent or else it charges must look beyond and not be bound by the language of the law seeking to discover by their own lights the reason in the rhyme for its enactment that they may properly apply it according to its ends they need and must be not only learning but also vision but former Chief Justice Ramona hemo on the other hand finds it's risky to rely on the so called spirit of the law and according to him it is dangerous to rely on the so called spirit of the law which we can see in her handle and about which we do not know very much he said that it is safer to be guided by the ruling ah that if the language of the law is clear and unequivocal then read the law to mean exactly what it says if not look for the intention of the legislature next we have expression News asked exclusive altaïr use which means Express mention Express mention is implied exclusion and this has been used in numerous this has been used in numerous cases and it does not change this rule has not changed simply put the enumeration of specified matters in a statute is construed as an exclusion of matters not enumerate them unless a different intention appears next generally especially bows long narrow belt which means that a general law does not nullify a specific or special knot you can also check out the case of rama versus secretary of foreign affairs which is a 2010 decision regarding the renewal of the passport and reverting to meet and reverting to the middle name in this case it was held that it is a familiar rule of statutory construction not on the extent of any necessary repugnancy between a general and special law or provision the latter will control the farmer without regard to do the respective dates of passage check that out of course you all know this do relax ed legs the law may be harsh but it is the law so when the law is clearly worded there is no room for interpretation next bogey Tatiana's Wenham namo Amida which translates to no man may be punished for his fault then Octus non facit reum nisi men citria which translate to the app itself does not make a man guilty unless his intention were soul can add to smear veto fact is known as may use actress which translates to an act done by me against my will is not my act under article 3 of the Vice Penal Code the first element of a felony must be that of Valen again under the revised Penal Code under article 3 first element of a felony must be that the act or omission is voluntary so if the alleged criminal act is committed by an insane person he is not criminally liable but he may be civilly liable favor or refer also to article 12 I see another lacking legal maxim which is very familiar to you ignorant ologies demonym exclusive ignorance of the law excuses no one which is based on article 3 of the new civil code stating that inner Lala excuses no one from compliance in ignorance effect or excuses which means that ignorance or mistake in point of fact is an excuse next Obelix non distinguished neck most distinguished debemos which translates to where the law does not distinguish we should not distinguish a very good application of this is article 3 section 1 of the Constitution which states that no person shall be deprived of life liberty or property without due process of law nor shall any person be denied the equal protection of the laws such that the constitutional guarantee of due process is granted to every Filipino regardless of regardless of status regardless of the province where you came from regardless of whether you are rich or poor educated or uneducated regardless of political beliefs and religious beliefs next means leahy's Lycoris Nancy's guitarist referred to the principle with respect to the courts that the court should give the statute a reasonable or liberal instruction which will best effect its purpose rather than one which will defeat it you may check out the case of plastic versus Republic in connection with this Maxim next we have sorry for the typo error again this is red and all-seeing Yunus in Buddhist not redeeming copy so that's redundant singular singular which means that each word or phrase must be referred to their proper connection in order to give it proper force and effect rendering one of them useless or superfluous so it literally means they're firing each to each a good example of this is the wordings used in article 31 of the family which states that a marriage in articulo mortis between passengers or crew members we also be solemnized by a ship captain or by an airplane pilot not only while the ship is at sea or the plane is in flight but also during stop overs at ports of calls so the freeze may also be solemnized by the ship captain refers to the face while the ship is at sea and the phrase or the plane is in flight the first to the air airplane pilot may also be solemnized by the airplane pilot but the plane is in flight in the freeze but also during stop over some parts of called refers to the ship captain in airplane pilot next we have castles Oh mrs. Pro or me so happened assessed which means that a case omitted is to be held us intentionally omitted or an object or a thing or person committed from enumerated in the statute must be held of been intentionally omitted in connection with this you can check out our other provisions of the new Civil Code as well moving on we have noscitur a sociis which means the where particular word their face in the statute is ambiguous in itself or is equally susceptible of various meanings it's true meaning may be made clear and specific by considering the company in which it is found or with which it is associated you can look into article 420 of the Civil Code as an example and next we have edges them generis which means that when general words follow the designation of particular things our classes of persons or subjects the general words will usually be construed to include only those persons or things of the same class our general nature as those specifically enumerated sample of this section 185 of the local government code we have more alive in legal Maxim's in our list so we have a big with us very boring patterns newly verificar piane excluded poor which means that a patent ambiguity cannot be cleared by extrinsic evidence so recall we have defined ambiguity as thoughtfulness doubleness of mini and distinctness or uncertainty of meaning of the expression used in the written instrument so a statute is ambiguous where some words used there in there refer to several objects in the manner of their use does not disclose the particular object which the words we have next contem for in can contemporaneous position asked for a Aseema in leg a or contemporary construction strongest in law which means that in construing a statute carts will take into consideration all the facts in circumstances existing at the time of and leading to the enactment of the statute such as the history of the times contemporary customs statute of the existing law the evils to be remedied and the remedy provided next falsa demonstration non law said whom the corporation stopped our false description does not make an instrument inoperative which is otherwise clear a misdescription are misnomer in the statute will not render a statute void or render it and operative provided the means of identifying the person or thing intended apart from their illness description are clear and certain so the courts consider the entire statute and reject the misdescription are substituted with the proper words in order to give effect to the legislative intent next we have generally aver basalt generally pair intelligent or meaning what is generally spoken shall be generally understood and interpret are a at anchor interpret re F conquer very ledges Reggie Bush s Optima interpret and II sorry for the pipe organ so let me repeat interpret RA F Concord are a Lexus Reggie Bush asked optimist interpret and II this is regarding the harmonization of floss with other laws you can check out the case of Araneta versus Concepcion he in this case it was held by the Supreme Court that all the provisions of the law even if apparently contradictory should be allowed to stand and given effect by reconciling them if necessary next we have index Anini thermal test or speech is the index of intention you may refer to article 1370 of the new civil code which states that if the terms of a contract are clear and leave no doubt upon the intention of the contracting parties the literal meaning of its stipulations shall control if the words appeared to be contrary to the evident intention of the parties the latter shall prevail over the form so it is more applicable in terms of the intention in contracts where my intention e non a contract the been in self very or words ought to be more subservient to the intent than the intent authorities animus hominis asked a NEMA scripty intention is the soul of an instrument and me para naked spiritus Viveca for an instrument must be interpreted according to the intention of the parties there you can also refer to section 1201 30 of the Rousseff Court which provides that in the construction of an instrument the intention of the parties is to be pursued and when in general and a particular provision are inconsistent the latter is paramount to the form so a particular intent will control a general one that is inconsistent with it okay so that's it for our Latin legal Maxim's so I hope it will be useful to you and I hope if you have time can memorize this Latin legal Maxim's maybe I will include it in the midterms or the finals okay so thank you very much for your time thank you for listening I hope you learn something thank you and God bless don't forget to be grateful more if I got with a grateful heart thank you