Baguio , michelle c.

statutory

pro hac vice- prep. Latin for "this time only," the phrase refers to the application of an out-
of-state lawyer to appear in court for a particular trial, even though he/she is not licensed to
practice in the state where the trial is being held. The application is usually granted, but
sometimes the court requires association with a local attorney.

ejusdem generis- Latin for "of the same kind," used to interpret loosely written statutes. Where
a law lists specific classes of persons or things and then refers to them in general, the general
statements only apply to the same kind of persons or things specifically listed. Example: if a law
refers to automobiles, trucks, tractors, motorcycles and other motor-powered vehicles,
"vehicles" would not include airplanes, since the list was of land-based transportation.

verba legis- It is expressed in the maxim, index animi sermo, or "speech is the index of
intention." Furthermore, there is the maxim verba legis non est recedendum, or "from the
words of a statute there should be no departure.

index animi sermo est

As to the issue of who has the better right over the SSS death benefits, Section 8(e) and (k) of R.
A. No. 8282[27] is very clear. Hence, we need only apply the law. Under the principles of
statutory construction, if a statute is clear, plain and free from ambiguity, it must be given its
literal meaning and applied without attempted interpretation. This plain meaning rule or verba
legis, derived from the maxim index animi sermo est (speech is the index of intention), rests on
the valid presumption that the words employed by the legislature in a statute correctly express
its intent by the use of such words as are found in the statute. Verba legis non est recedendum,
or, from the words of a statute there should be no departure
nemo ex alterius incommode debet lecupletari- no man ought to be made rich out
of anothers injury
verba legis non est recedendum- from the words of a statute there should be no
departure

legis interpretato legis vim obtinet- The construction of law obtains the force of law.

stare decisis et non quieta novere (contrast with res judicata) stare decisis et
non quieta movere, which means "to adhere to precedents, and not to unsettle things which
are established
lex prospicit, non respicit- The law looks forwared, not backward.
en banc - French term for on the bench. Refers to the situation where all the justices serving
on an appeals court are present and actively participating in the case. Typically this occurs when
pivotal and highly important issues take place and the parties request such.
obiter dictum- Words of an opinion entirely unnecessary for the decision of the case. A
remark made or opinion expressed by a judge in a decision upon a cause, "by the way", that is,
incidentally or collaterally, and not directly upon the question before the court or upon a point
not necessarily involved in the determination of the cause, or introduced by way of illustration,
or analogy or argument. Such are not binding as precedent.
expressio unius est exclusio alterius- a rule of construction, applying both to statute
and legal writings, that states that one thing having been mentioned the other is excluded.
Thus, following this rule, ‘no dogs allowed’ means that lions are allowed but guide dogs are
excluded. (The expression of one thing is the exclusion of another)
expressium facit cessare tacitum- is a legal maxim that means “what is expressed
makes what is implied silent.” This form of construction is used while interpreting statutes,
contracts and deeds