CANONS OF CONSTRUCTION

Verba Legis The letter of the law.

Plain meaning rule.

Index Animi Sermo Est Speech is the index of intention.

Verba Legis Non Est Recedendum From the words of a stature there should be
no departure.

Stare Decisis Non Et Queita Movere Stand by what has been decided and do not
unsettle the established.

Ubi Lex Non Distinguit Nec Nos Distinguere Where the law does not distinguish, we
Debemos should not distinguish.

Ut Res Magis Valeat Quam Pereat Construction is to be sought which gives

effect to the whole of the statute.

It is better for a thing to have effect than to be

made void.

Holistic approach

Dura Lex Sed Lex The law may be harsh but it is still the law.

When the law is clearly worded, there is no

room for interpretation. It is the sworn duty
of the judge to apply the law without fear or
favour. It is not for the courts to decide that
the law is unwise. The duty of the courts is
apply the law, whether it is wise or unwise.
Gonzales vs. Gonzales, 58 Phil 67; U.S. vs.
Allan, 2 Phil. 630

Ejusdem Generis Where a class of things is followed by general

wording that is not itself expansive, the
general wording is usually restricted things
of the same type as the listed items.

Where a general word or phrase follows an

enumeration of particular and specific words
of the same class, the general word or phrase
is to be construed to include or to be
restricted to things akin to or resembling, or
of the same kind or class as, those specifically
mentioned.
Noscitur A Sociis It is known from its associates.

Where a particular word or phrase in a

statute is ambiguous in itself or is equally
susceptible of various meanings, its true
meaning may be made clear and specific by
considering the company in which it is found
or with it is associated.

Expressio Unius Est Exclusio Alterius Express mention is implied exclusion.

“Ancillary rule of staturory construction.”

Primeo vs. CA, G.R. No. L-48468 (1989)

Casus Omissus Case omitted.

Cassus Omissus Pro Omisso Habbendus Est A case omitted is to be held as intentionally
omitted.

If a person, object or thing is omitted froman

enumeration in the statute, it must be held to
have been intentionally omitted.

In Pari Materia Upon the same matter or subject.

Reddendo Singula Singulis Referring each to each.

Each word or phrase or clause must be

referred to their proper connection in order
to give it proper force and effect, rendering
none of them useless or superfluous.

Generalia Specialibus Non Derogant A general law does not nullify a specific or
special law.

“[I]t is a familiar rule of statutory

construction that to the extent of any
necessary repugnancy between a general and
a special law or provision, the latter will
control the former without regard to the
respective dates of passage.”

The “Charming Betsy” Canon Domestic law should, to the extent possible,
be construed consistent with treaties.

That ambiguous congressional statutes

should be construed in harmony with
international law.

The Rule of Lenity The court should resolve the ambiguity in

favor of the accused.

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 Penal statutes shall be construed strictly.

Contemporanea Expositio Est Fortissima In Lege A statute should be interpreted according to

the meaning at the time at which it was
enacted.

Lex Posterior Derogat Priori Between an earlier and a later law, the later
law prevails.

Last in time rule

Lex Specialis Derogat Legi Generali A special law prevails over a general law.

The Borrowed Statute Rule for Adopted and It is presumed that the construction
Re-enacted Statutes previously put upon it is adopted with it, and
it should be interpreted according to such
construction.

Interpretare Et Concordare Leges Legibus Est Harmonization with other statues.

Optimus Interpretandi
The principle that a statute should be so
construed not only to be consistent with
itself, but also to harmonize with other laws
on the same subject matter as to form a
complete coherent and intelligible system – a
uniform system of jurisprudence.

Doctrine of Desuetude Obsolete reason, obsolete rule.

Doctrine of Necessary Implication What is implied in statute is as much as a

part thereof as to which is was expressed.

Argumentum A Contrario Argument or proof by contrast or the direct

opposite.

Absolute Sentencia Expositore Non Indiget When the language of the law is clear, no
explanation if it is required.

“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.” People vs. Mapa, G.R.
No. L-22301 (1967)

Actus Me Invito Factus Non Est Meus Actus An act done by me against my will is not my
act.

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Actus Non Facit Reum Nisi Mens Sit Rea The act itself does not make a man guilty
unless his intention were so.

Cessante Ratione Legis, Cessat Ipsa Lex When the reason for the law ceases, the laws
ceases also to exist.

Cogitationis Poenam Nemo Emeret No man may be punished for his thought.

Hoc Quidem Perquam Durum Est Sed Ita Lex This indeed ls exceedingly hard, but so the
Scripta Est law is written; such is the written or positive
law.

Ignorantia Facti Excusat Ignorance of mistake in point of fact is an

excuse.

Ignorantia Legis Neminem Excusat Ignorance of the law excuses no one.

Article 3. Ignorance of the law excuses no one

from the compliance therewith.”

Lex de Futuro, Judex de Praterio The law provides for the future, the judge for
the past.

Lex Prospicit, Non Respicit The law looks forward, not backward.

“Article 4. Laws shall have no retroactive

effect, unless the contrary is provided.”

Mens Legislatoris The intention of the lawmaker

Optima Statuti Interpretatix Est Insum Statutum The best interpreter of the statute us the
statute itself.

Ratio Legis Interpretation according to spirit.

“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.” Chartered Bank
Employees Association vs. Ople, G.R. No. L-
44717 (1985)

Ratio Legis Est Anima The reason of the law is its soul.