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Showing posts with the label Verba Legis

PNB v. Tejano, Jr., 2009

GR no. 173615| PNB v. Tejano, Jr.  October 16, 2009 Doctrines; Sound indeed is the rule that where the law is clear, plain and free from ambiguity, it must be given its literal meaning and applied without any interpretation or even construction. This is based on the presumption that the words employed therein correctly express its intent and preclude even the courts from giving it a different construction. (Verbal egis) It is binding rule, conformably with Article 4 of the Civil Code, that, generally, laws shall have only a prospective effect and must not be applied retroactively in such a way as to apply to pending disputes and cases. This is expressed in the familiar legal maxim lex prospicit, non respicit (the law looks forward and not backward.) Moreover, jurisdiction is conferred by no other source than law. Once jurisdiction is acquired, it continues until the case is finally terminated. The rule is that where a court has already obtained and is exercising jurisdiction over a...

Doctrines in Constitutional Construction

Interpretation and Construction of the 1987 Philippine Constitution The interpretation of the 1987 Philippine Constitution follows well-settled principles derived from jurisprudence to ensure its meaning aligns with legal intent, clarity, and coherence . Principles of Constitutional Construction ✔️ Verba Legis (Letter of the Law) 📌 Constitutional provisions must be interpreted based on their ordinary meaning , unless they involve technical legal terms . ✔️ Ratio legis est anima (Spirit of the Law) 📌 Constitutional provisions should be understood in accordance with the intent of its framers to preserve its original purpose . ✔️ Ut magis valeat quam pereat (Holistic Interpretation) 📌 The Constitution must be interpreted as a unified whole , ensuring each provision complements the others rather than conflicting. ✔️ De Castro Doctrine (Positioning Doctrine) 📌 Section 14, Section 15, and Section 16 of Article VII all concern presidential appointments within the Execut...