Law is defined as a rule of conduct, just and obligatory, laid down by legitimate authority for the

common observance and benefit – Sanchez Roman

Public laws are laws intended for general application, such as those that apply to the nation as a
whole or a class of individuals. Private laws are enacted for the benefit of a particular individual
or small group, such as claims against the government or individual immigration or
naturalization matters
Customs have the force of law only when they are acknowledged and approved by society
through long and uninterrupted usage. (not be contrary to law, repeated and uniformly
performed
Judicial decisions which apply or interpret the Constitution and the laws are part of the legal
system in the Philippines but they are not laws.
Stare Decisis means that once a case has been decided one way, then another case involving
exactly the same question or point of law should be decided in the same manner.
In accordance with the ruling in Tanaada v. Tuvera (ibid.), all laws, including those of local
application and private laws, shall be published first and this requirement shall be a condition for
their effectivity. Reason: Lack of publication is a violation of the due process clause of the
constitution. Due process of law contemplates notice and opportunity to be heard before
judgment is rendered against anyone.
It is basic that a statute must be read and construed in its entirety. Parts of a statute are not to
be viewed in isolation because a statute is passed and approved as a whole, and more than
this, there is a precise purpose why it was enacted.
Ut Res Magis Quam Pereat means that it is not enough that a statute should be given effect as
a whole but that effect should be given to each of the provisions in the statute.
Special provisions prevail over the general provisions. Special provisions prevail regardless of
the position it occupies in the statute, and whether it comes earlier or later than the general one.
As between a specific statute and a general statute, the former must prevail since it evinces the
legislative intent more clearly than a general statute does.
Pari Materia Rule means having the same general purpose, should be read and construed
together as if they constituted one law
A reenacted statute is a statute, which reenacts a previous statute. In reenacting the provisions
of a previous statute, it is presumed that the legislature has the intention of adopting the
construction and the language of the previous act
Penal statutes are interpreted against the State and liberally in favor of the accused. The
language of a penal statute cannot be enlarged beyond the ordinary meaning of its terms. Only
those persons, offenses and penalties, clearly included, beyond any reasonable doubt, will be
considered within the operation of the statute
Remedial statutes should be liberally construed because they were enacted by the legislature
precisely to improve the law and so that they will be in harmony with new ideas and conceptions
of justice and proper conduct of men
Latin maxims are used not only in interpreting statutes. They are also used by judges and
justices in their decisions to add elegance to their language and to give emphasis to the legal
points therein discussed. This is so because Roman legal literature is noted for originality and
the style of Roman jurists is simple, clear, brief and precise.
Lex Prospicit, Non Respicit The law looks forward, not back, Art. 4, NCC Expresio Unius Est
Exclusio Alterius - Express mention is implied exclusion. Ubi Lex Non Distinguit Nec Nos
Distiguere Debemos - Where the law does not distinguish, we should not distinguish. Reddendo
Singula Singulis 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. Literally,
the maxim means, "referring each to each." The cassus omissus principle means that if a
person, object or thing is omitted from an enumeration in the statute, it must be held to have
been intentionally omitted. Ejusdem GenerisWhen general words follow the designation of
particular things, or classes of persons or subjects, the general words will usually be construed
to include only those persons or things of the same class or general nature as those specifically
enumerated.
The word or is a disjunctive term which indicates an alternative. Hence, when "or" is used, the
various members of the sentence are to be taken separately.
The word "and" is a conjunctive term, and if it is used in a sentence, it means that the members
of a sentence are to be taken jointly. Exception The word "and" may mean "or" if this is the plain
intention of the legislature which could be gleaned from the context of the statute. The Term
"AND/OR" The use of the term "and /o?' means that effect shall be given to both the conjunctive
"and" and the disjunctive "or' depending on which one will serve the legislative intent.
The word "shall" is imperative. When used in a statute, it operates to impose a duty, which may
be enforced. The rule, however, is not absolute. The word "shall" may be construed as "may"
when so required by the context or by the intention of the statute. The word "may" is permissive
and it operates to confer jurisdiction. The word "air may be used in its universal sense or in its
comprehensive sense. The phrase "all laws inconsistent with or contrary to this act are hereby
repealed," refers not only to laws that are existing at the time the repealing law is enacted but
also to all rules and regulations intended to implement them.
What the court can do? Primarily, the court's duty is to ascertain the true intent of the statute. 2.
In the pursuit of this duty, the court can resort to all legitimate aids to construction. These aids
are those found in the law itself, known as intrinsic aids, and those extraneous facts and
circumstances outside of the statute, known as extrinsic aids. 3. It can depart from the language
of the statute if by so doing, the legislative purpose could be carried out. 4. It may correct
clerical errors, mistakes or misprints, which, if not corrected, would render the statute
meaningless. 5. It can issue guidelines in applying the statute in order to delineate what the law
requires. What the court cannot do? 1. The court cannot speculate as to the intent of the law. 2.
The court cannot supply a meaning not found in the phraseology of the law. 3. The court cannot
assume a purpose, which is not expressed in the statute. 4. The court cannot change the
meaning of the law, especially if the meaning will defeat the purpose of the law. 5. The court
cannot rewrite the law and invade the domain of the legislature (This is known as JUDICIAL
LEGISLATION). 6. The court cannot interpret into the law a requirement, which the law does not
prescribe. 7. The court cannot enlarge the scope of the statute and include transactions or
situations not provided by the legislature.
Contract is a meeting of the minds between two persons whereby one binds himself, with
respect to the other to give something or to render some service. It is perfected by mere
consent and meeting of the minds. To determine intent, their contemporaneous and subsequent
act shall be principally considered
Substantive is a guarantee that life, liberty, and property shall not be taken away from anyone
without due process of law. If a law is invoked to take away one's life, liberty, and property, the
more specific concern of substantive due process is not to find out whether said law is being
enforced in accordance with procedural formalities but whether or not the said law is a proper
exercise of legislative power. Creates defines, or regulates right concerning life, liberty, property
Administrative refers to the regular methods of procedure to be observed before one's life,
liberty or property, can be taken away from him. Simply stated, it means that the procedure to
be observed must be fair. Procedural due process therefore is a guarantee to obtain a fair trial
in a court of justice according to the mode of proceeding applicable to each case – prescribes
method by which substantive rights may be enforced in courts of justice