Latin Maxim Lecture Notes
Latin Maxim Lecture Notes
ARGUMENTUM A CONTRARIO
NEGATIVE-OPPOSITE DOCTRINE; WHAT IS EXPRESSED PUTS AN END TO WHAT IS
IMPLIED
MISAEL VERA, ET AL. VS. HON. JOSE F. FERNANDEZ, ET AL.
EJUSDEM GENERIS
OF THE SAME KIND OR SPECIE
LIWAG VS. HAPPY GLEN LOOP HOMEOWNERS ASSOCIATION, INC. G. R. No. 189755,
July 04, 2012
EX NECESSITATE LEGIS
BY NECESSARY IMPLICATION OF LAW
COA CEBU VS. PROVINCE OF CEBU G.R. No. 141386; November 29, 2001
HOC QUIDEM PERQUAM DURUM EST SED ITA LEX SCRIPTA EST
THE LAW MAY BE EXCEEDINGLY HARD, BUT SO THE LAW IS WRITTEN
ROSA LIM VS. PEOPLE OF THE PHILIPPINES G.R. No. 130038. September 18, 2000
NOSCITUR A SOCIIS
WORD CONSTRUED WITH REFERENCE TO ACCOMPANYING OR ASSOCIATED
WORDS.
FRANCISCO I. CHAVEZ VS. JUDICIAL BAR COUNCIL (JBC) G.R. No. 202242; April 16,
2013
PARI MATERIA
RELATING TO THE SAME MATTER
PEOPLE OF THE PHILIPPINES VS. SIMEONA MARTIN AND HERMIN ARCEO G.R. No.
L-38019 May 16, 1980
RATIO LEGIS
INTERPRETATION ACCORDING TO THE SPIRIT
MANUEL UY VS. ENRICO PALOMAR, IN HIS CAPACITY AS POSTMASTER GENERAL
G.R. No. L-23248 February 28, 1969
VERBA LEGIS
PLAIN-MEANING RULE.
REPUBLIC V. LACAP G.R. No. 158253; March 2, 2007
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This idea that no one should suffer as a result of a court’s error or a delay in the proceedings has
been deemed to be important to the system of justice and its application to Indian law. The same
has been incorporated by means of the legal maxim ‘actus curiae neminem gravabit’.
Benignae faciendae sunt interpretationes chartarum, ut res magis valeat quam pereat
The legal maxim ‘benignae faciendae sunt interpretationes chartarum, ut res magis valeat quam
pereat’ signifies that construction of documents are to be made favorably, so that the instrument
may rather avail than perish. Put simply, documents must be constructed in such a way that the
instrument will serve rather than die.
The maxim ‘delegatus non potest delegare’ is a rule of construction that states that a discretion
conferred by a statute is prima facie intended to be exercised by the authority on which the
statute has conferred it and no other authority, but that this intention may be negated by any
contrary indications found in the statute’s language, scope, or object.
Damnum sine injuria is a maxim that refers to damage sustained by the plaintiff but no violation
of a person’s legal rights.
Damages without injury, or damages in which there is no infringement of a legal right, are what
this legal maxim alludes to. In the instance of damnum sine injuria, there is no basis of action
because there is no breach of a legal right. There is an unspoken legal concept that there are no
remedies for any moral violation until and unless a legal right is violated. Even though the
wrongdoer’s behavior was intentional, the court may refuse to award any damages.
Ejusdem generis
There are certain general principles of interpretation that have been applied by the courts from
time to time and one of them is the construction ejusdem generis.
jusdem generis is a Latin phrase that means ‘of the same kind’. It is used to interpret legislation
that is written in a haphazard manner. When a law mentions certain classifications of people or
things before referring to them in general, the general assertions only apply to the same people or
things who are expressly named. For example, if legislation mentions automobiles, trucks,
tractors, motorcycles, and other motor-powered vehicles, the term ‘vehicles’ does not include
aircraft since the list is limited to land-based transportation.
4. Quantum meruit – What one has earned. or The amount he deserves. In other words, A
reasonable sum of money to be paid for services rendered or work done when the amount
due is not stipulated (specified, written down) in a legally enforceable contract.
5. Qui facit per alium, facit per se – He who acts through another acts himself. In simple
words, It is a fundamental legal maxim of the law of agency. It is a maxim often stated in
discussing the liability of the employer for the act of employee in terms of vicarious
(indirect, secondhand) liability.