Latin Legal Maxims/Precept 1987 Philippine Constitution

Accusare nemo se debet, nisi caram Deo.

(No one is compelled to accuse himself, except before God.)

Art. III, Sec. 17. No person shall be compelled to be a witness against

himself.

Art. III, Sec. 14. (2) In all criminal

Audi alteram partem.
(Hear the other side.)
Domus sua cuique est tutissimun
refugium.
(To everyone, his house is his surest unreasonable searches and seizures of
refuge.)
Non bis in idem.
(No one shall be punished for the
same offense.)
Latin Legal Maxims/Precept
prosecutions, the accused...shall enjoy
the right to be heard by himself and
counsel...to have a speedy, impartial,
and public trial.
Art III, Sec. 2. The right of the people
to be secure in their persons, houses,
papers, and effects against
whatever nature and for any purpose
shall be inviolable...
Art. III, Sec. 21. No person shall be
twice put in jeopardy of punishment for
the same offense.
New Civil Code

Accessorium sequitur naturam sui principalis.

(The accessory follows the nature of its principal.)

Art. 466. Whenever movable things belonging to different owners are,

without bad faith, united in such a way that they form a single object, the
owner of the principal thing acquires the accessory, indemnifying the former
owner thereof for its value.

Aedificium solo credit. Art. 445. Whatever is built, planted or

sown on the land of another and the
(The building yields to the land.) improvements or repairs made thereon,
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Boni judicis est lites dirimere.
(It is the duty of good justice to
prevent litigation.)
Caveat emptor.
(Buyer beware.)
belong to the owner of the land xxx.
Art. 2029. The court shall endeavor to
persuade the litigants in a civil case to
agree upon some fair compromise.
Art. 1563. In the case of contract of
sale of a specified article under its
patent or other trade name, there is no
warranty as to its fitness for any
particular purpose, unless there is a
stipulation to the contrary.

Ex pacto illicito non oritur action.

(No action arises out of illicit bargain.)

Art. 1352. Contracts without cause, or with unlawful cause, produce no

effect whatever. The cause is unlawful if it is contrary to law, morals, good
customs, public order or public policy.

Accessorium sequitur naturam sui principalis.

(The accessory follows the nature of its principal.)

Art. 466. Whenever movable things belonging to different owners are,

without bad faith, united in such a way that they form a single object, the
owner of the principal thing acquires the accessory, indemnifying the former
owner thereof for its value.

Art. 445. Whatever is built, planted or

Aedificium solo credit.
(The building yields to the land.)
Boni judicis est lites dirimere.
(It is the duty of good justice to
prevent litigation.)
Caveat emptor.
sown on the land of another and the
improvements or repairs made thereon,
belong to the owner of the land xxx.
Art. 2029. The court shall endeavor to
persuade the litigants in a civil case to
agree upon some fair compromise.
Art. 1563. In the case of contract of

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 sale of a specified article under its
patent or other trade name, there is no
warranty as to its fitness for any
(Buyer beware.) particular purpose, unless there is a
stipulation to the contrary.

Ex pacto illicito non oritur action.

(No action arises out of illicit bargain.)

Art. 1352. Contracts without cause, or with unlawful cause, produce no

effect whatever. The cause is unlawful if it is contrary to law, morals, good
customs, public order or public policy.

Facta legem facunt inter partes. Art. 1159. Obligations arising from
contracts have the force of law between
(Stipulations have the force of law the contracting parties and should be
between parties.) complied with in good faith.
Finita voluntate, finitum est Art. 1920. The principal may revoke
mandatum. the agency at will, and compel the
agent to return the document
(Upon the termination of the will, the evidencing the agency. Such revocation
agency is terminated.) may be express or implied.
Art. 1263. In an obligation to deliver a
Genus nunquam peruit. generic thing, the loss or destruction of
(Generic things do not perish.) anything of the same kind does not
extinguish the obligation.
Art. 40. Birth determines personality;
Homo est et qui est futurus. but the conceived child shall be
(He is already a man who will considered born for all purposes that
become a man.) are favorable to it, provided it be born
later x x x.

In pare delicto potior est conditio Art. 1192. In case both parties have
committed a breach of the obligation,

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 the liability of the first infractor shall
defendatis. be equitably tempered by the courts. If
it cannot be determined which of the
(Where both parties are at fault, the parties first violated the contract, the
condition of the defendant is better.) same shall be deemed extinguished,
and each shall bear his own damages.
Leges posteriores priores contrarias
abrogant. Art. 7. Laws are repealed only by
(Later statutes repeal prior ones subsequent ones x x x.
which are repugnant thereto.)
Legis interpretation legis vim Art. 8. Judicial decisions applying or
obtinet. interpreting the laws or the
(Judicial interpretation of a statute Constitution shall form a part of the
acquires the force of law.) legal system of the Philippines.
Les non cogit ad impossibilia. Art. 1348. Impossible things or
(The law does not require the services cannot be the object of
impossible.) contracts.

Ignorantia legis excusat neminem. (Ignorance of the law does not excuse.)

Art. 3. Ignorance of the law excuses no one from compliance therewith.

Lexprospicit,nonrespicit.

(The law looks forward, not backward.)

Art. 4. Laws shall have no retroactive effect, unless the contrary is provided.

Nel consensui tam contrarium est Art. 1330. A contract where consent
quam vis atqui meus. is given through mistake, violence,
intimidation, undue influence, or
(There can be no consent under force fraud is voidable.
or duress.)

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Non consentit qui errat.

(He who errs does not consent.)

Nemo dat quod non habet.
(No one can transfer a greater right to owner, the buyer acquires no better
another than one has.)
Art. 1505. Subject to the provisions
of this Title, where goods are sold by
a person who is not the owner thereof,
and who does not sell them under
authority or with the consent of the
title to the goods than the seller had,
unless the owner of the goods is by
his conduct precluded from denying
the seller’s authority to sell.

Optimus interpres rerum usus.

(The best interpreter of the law is usage.)

Art. 1376. The usage or custom of the place shall be borne in mind in the
interpretation of the ambiguities of a contract, and shall fill the omission of
stipulations which are ordinarily established.

Art. 1315. Contracts are perfected by

Pacta sunt servanda.
(Stipulations of parties must be
complied with in good faith.)
Partus sequitur ventrem.
(Offspring follow the mother.)
Proximus sum egomet mihi.
(Charity begins at home.)
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mere consent, and from that moment
the parties are bound not only to the
fulfillment of what has been expressly
stipulated but also to all the
consequences which, according to their
nature, may be in keeping with good
faith, usage and law.
Art. 442. Natural fruits are the
spontaneous products of the soil, and
the young and other products of
animals.
Art. 294. The claim for support, when
proper and two or more persons are
 obliged to give it, shall be made in the
following order: (1) From the spouse;
(2) From the descendants of the nearest
degree; (3) From the ascendants, also
of the nearest degree; (4) From the
brothers and sisters.

Prius in tempore, potior in jure.

(First in time, first in right.)

Art. 1544. If the same thing should have been sold to different vendees, the
ownership shall be transferred to the person who may have first taken
possession thereof in good faith, if it should be movable property x x x.

Privatum incommodum publico bono Art. 435. No person shall be deprived

pensatur. of his property except by competent
(The private interests of the individual authority and for public use and
must give way to the accommodation always upon payment of just
of the public.) compensation.
Qui approvat non reprobate. Art. 1392. Ratification extinguishes
(He who approves or ratifies cannot the action to annul a voidable
repudiate.) contract.
Art. 1544. x x x Should it be
immovable property, the ownership
shall belong to the person acquiring it
Qui prius jus suum insina verit who in good faith first recorded it in
praeferetur. the Registry of Property. Should there
be no inscription, the ownership shall
(He is preferred whose right has just pertain to the person who in good
been recorded.) faith was first in the possession; and,
in the absence thereof, to the person
who presents the oldest title, provided
there is good faith.
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Quod ab initio non valet in tractu temporis non convalescit.

(That which was originally void, does not by lapse of time become valid.)

Art. 1409. The following contracts are inexistent and void from the
beginning x x x These contracts cannot be ratified. Neither can the right to set
up the defense of illegality be waived.

Sic utero tuo ut alienum non laedas. Art. 431. The owner of a thing cannot

(Use your property as not to injure make use thereof in such manner as to
the rights of others.) injure the rights of a third person
Art. 32. Any public officer or
employee, or any private individual,
Ubi jus, ibi remedium. who directly or indirectly obstructs,
defeats, violates or in any manner
(Where there is a right, there is a impedes or impairs any of the
remedy for violation thereof.) following rights and liberties of another
person shall be liable to the latter for
damages.
Art. 1106. By prescription, one
Vigilantibus et non dormientibus acquires ownership and other real
jura subveniunt. rights through the lapse of time in the
(The law aids the vigilant, not those manner and under the conditions laid
who slumber on their rights.) down by law. In the same way, rights
and conditions are lost by prescription.

Latin Legal Maxims/Precept Revised Penal Code

Actus non facit reum nisi mens sit Art. 12. Circumstances which exempt
rea. from criminal liability. — The
following are exempt from criminal
(The act does not make a person liability: 4. Any person who, while
guilty unless the mind is also guilty.) performing a lawful act with due care,
causes an injury by mere accident

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 without fault or intention of causing it.
Art. 11. Justifying circumstances. —
The following do not incur any
criminal liability: 1. Anyone who acts
in defense of his person or rights,
Arma in armatos jura sinunt. provided that the following
(The law permits taking arms against circumstances concur; First. Unlawful
armed persons.) aggression; Second. Reasonable
necessity of the means employed to
prevent or repel it; Third. Lack of
sufficient provocation on the part of the
person defending himself.
Favorabilia sunt amplianda, odiosa Art. 22. Retroactive effect of penal
restringenda. laws. — Penal Laws shall have a
(Penal laws which are favorable to retroactive effect insofar as they favor
the accused are given retroactive the persons guilty of a felony, who is
effect.) not a habitual criminal x x x.

Furiosus solo furore punitur.

(A mad man is punished only by his madness.)

Actus invitus, non est meus actus.

(An involuntary act is not one’s act.)

Article 12. Circumstances which exempt from criminal liability. — The

following are exempt from criminal liability: 1. An imbecile or an insane
person, unless the latter has acted during a lucid interval. x x x 5. Any person
who act under the compulsion of irresistible force.

Nullum crimen, nulla poena sine Art. 3. Acts and omissions punishable
lege. by law are felonies x x x.

(There is no crime where there is no

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law punishing it.)
Sociis fit culpae qui nocentum Art. 16. Who are criminally liable. —
sublevat. The following are criminally liable for
grave and less grave felonies: 1.
(He who helps the guilty shares the Principals. 2. Accomplices. 3.
crime.) Accessories.
Latin Legal Maxims/Precept 1997 Rules of Civil Procedure

Cujus juris erit accessorium.

(He who has jurisdiction of the principal thing has jurisdiction of the
accessory also.)

Rule 6, Sec. 7. Compulsory counterclaim. — A compulsory counterclaim is

one which, being cognizable by the regular courts of justice, arises outof or is
connected with the transaction or occurrence constituting the subject matter
of the opposing party’s claim and does not require for its adjudication the
presence of third parties of whom the court cannot acquire jurisdiction. Such
a counterclaim must be within the jurisdiction of the court both as to the
amount and the nature thereof x x x.

Res judicata inter partes jus facit.

Rule 39, Sec. 47. Effect of judgments
(A question adjudicated between or final order x x x (b) In other cases,
parties after hearing them makes the the judgment or final order is, with
law of that question.) respect to the matter directly adjudged
or as to any other matter that could
Stare decisis et non quieta movere. have been missed in relation thereto,
conclusive between the parties and
(Follow past precedents and do not their successors in interest, by title
disturb what has been settled.) subsequent to the commencement of
the action or special proceeding,
De similibus idem est judicium. litigating for the same thing and under
the same title and in the same capacity
(Concerning similars, the judgment
x x x.
is the same.)
Latin Legal Maxims/Precept Revised Rules on Evidence

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Ei incumbit probation qui dicit, non qui negat.

(He who asserts, not he who denies, must prove.)

Rule 131, Sec. 1. Burden of proof. — Burden of proof is the duty of a party
to present evidence on the facts in issue necessary to establish his claim or
defense by the amount of evidence required by law.

Rule 132, Sec. 34. Offer of evidence.

Non allegata non probate.
(That which is not alleged cannot be which has not been formally offered.
proved.)
Qui tace consentire videtur.
(Silence means consent.)
Res ipsa loquitur.
(The thing speaks for itself.)
— The court shall consider no evidence
The purpose for which the evidence is
offered must be specified.
Rule 130, Sec. 32. Admission by
silence. — An act or declaration made
in the presence and within the hearing
or observation of a party who does or
says nothing when the act or
declaration is such as naturally to call
for action or comment if not true, and
when proper and possible for him to do
so, may be given in evidence against
him.
Rule 130, Sec. 1. Object as evidence.
— Objects as evidence are those
addressed to the senses of the court.
When an object is relevant to the fact in
issue, it may be exhibited to, examined
or viewed by the court.

Semper praesumitur pro matrimonio.

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Rule 131, Sec. 3. Disputable presumptions — That a man and (Always
presume marriage.) woman deporting themselves as husband and wife have
entered into a lawful contract of marriage; x x x

Rule 130, Sec. 11. Instrument

construed so as to give effect to all
Ut res magis valeat quam pereat. provisions. In the construction of an
(The law should be interpreted to instrument, where there are several
uphold than to destroy it.) provisions or particulars, such a
construction is, if possible, to be
adopted as will give effect to all.
Latin Legal Maxims/Precept Legal Ethics
Rule 137, Sec. 1.
Judex non potest injuriam sibi datam
punier. Disqualification of judges. — No judge
or judicial officer shall sit in any case
(A judge cannot punish an injury to
in which he, or his wife or child, is
himself.)
pecuniarily interested x x x.

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