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language of statute
LITERAL INTERPRETATION
Literal meaning or plain-meaning rule
General rule: if statute is clear, plain and free from
ambiguity, it must be given its literal meaning and
applied without attempted interpretation
o Verba legis
o Index animi sermo speech is the index of
intention
o Words employed by the legislature in a
statute correctly express its intent or will
o Verba legis non est recedendum from the
words of a statute there should be no
departure
o Thus, what is not clearly provided in the law
cannot be extended to those matters outside
its scope
Judicial legislation an encroachment upon legislative
prerogative to define the wisdom of the law
o Courts must administer the law as they find it
without regard to consequences
National Federation of Labor v. NLRC
Employees were claiming separation pay on the basis
of Art. 283 Labor Code which states that employer
MAY also terminate the employment of an employee
for reasons therein by serving notice thereof and
paying separation pay to affected employees
There was compulsory acquisition by the government
of the employers land (Patalon Coconut Estate) for
purposes of agrarian reform which forced the employer
to cease his operation
Issue: whether or not employer is liable for separation
pay?
Held: NO, employer is not liable for separation pay!
o It is a unilateral and voluntary act by the
employer if he wants to give separation pay
o This is gleaned from the wording MAY in
the statute
o MAY denotes that it is directory in nature
and generally permissive only
o Plain-meaning rule is applicable
o Ano yun, ipapasara ng government tapos
magbabayad pa ang employer ng separation
pay?!? Ang daya-daya! Lugi na nga si
employer, kikita pa si employee?!? Unfair!
Cannot be! No! No!
o To depart from the meaning expressed by the
words is to alter the statute, to legislate and
not interpret
o Maledicta est exposition quae corrumpit
textum dangerous construction which is
against the text
Dura lex sed lex
Dura lex sed lex the law may be harsh but it is still
the law
Absoluta sentential expositore non indigent when the
language of the law is clear, no explanation of it is
required
Bocobo v. Estanislao
Issue: whether the CFI and a municipal court in the
capital of a province have concurrent jurisdiction over
the crime of libel
RPC grants jurisdiction with CFI
Judiciary Act grants jurisdiction with the municipal
court in the capital of a province in offenses where the
penalty is not more than prission correctional or fine
not exceeding 6,000Php (penalty for libel)
So ano na?!?
Godines v. CA
Patent Law grants the patentee the exclusive right to
make, use, and sell his patented machine, article or
product xxx
Doctrine of equivalents when a device appropriates a
prior invention by incorporating its innovative concept,