NOTE/S:

THE PRINCIPLE OF DURA

*Hence, the first duty of the judge is to apply the law-
LEX SED LEX whether it be wise or not, whether just or unjust –
provided that the law is clear, and there is no doubt. It is
the sworn duty of the judge to apply the law without fear
or favor, to follow its mandate, not to temper it. What the
DURA LEX SED LEX – “The law may be harsh,
law grants, the court cannot deny. (Edgardo L. Paras,
but it is still the law.”
Civil Code of the Philippines Annotated. Volume 1. 2016.
P 85-86)

A Statute, being the will of the legislature, should be

applied in exactly the way the legislature has
expressed itself clearly in the law. The clear,
unambiguous and unequivocal language of a statute
precludes the court from construing it and gives no
discretion but to apply the law.
The statute is such a case must be taken to mean
exactly what it says. Its literal meaning should be
followed.
ABSOLUTA SETENTIA EXPOSITORE NON
INDIGET – “When the language of the law is
clear, no explanation of its required.”
*The law equally applies to all “without fear or favor”.
This simply means that everybody has exactly the same
standing – the same basic human dignity and the basic
human rights – before the law. This is the cornerstone of
the majesty of the law; it bows to no one for
consideration of power and wealth.
*The law is interpreted and applied by a legal system
that this is not simply working as designed but
categorically working according to the demands of social
justice especially in terms of its distributive dimension
that is provident of public welfare or common goods.

*When the law is clear, there is no other recourse but to

apply it regardless of its perceived harshness. DURA
People vs.Patricio Amigo G.R. No. 116719 LEX SED LEX. Nonetheless, the law should never be
applied or interpreted to oppress one in order to favor
Facts:
another.
Accused-Appellant Patricio Amigo was charged and
convicted of murder by the RTC, Davao City and
was sentenced to the penalty of reclusion perpetua.

The accused-appellant claims that the penalty of

reclusion perpetua is too cruel and harsh and
pleads for sympathy.

Held:

Courts are not the forum to plead for sympathy. The

duty of courts is to apply the law, disregarding their Group 1
feeling of sympathy or pity for an accused. DURA Ladyferdel M. Roferos
LEX SED LEX.