Latin Legal Maxims and Their Meanings in Philippine Law
In the context of law school and the legal profession, Latin is more than just a language—it’s something that is heavily intertwined with it!
Latin legal maxims have long served as concise expressions of legal principles, and gives us—law students and practitioners alike—a clear idea on how certain principles of law are to be interpreted and applied. Keeping in mind the importance of Latin legal maxims in the classroom and in practice, this article breaks down some of the most common and important Latin legal maxims used in Philippine law—explaining their meanings and how they are used in legal practice and education.
1. Dura lex, sed lex
Translation: The law may be harsh, but it is the law.
This maxim reflects the strict application of legal rules regardless of whatever personal circumstances are involved in a particular case. In Philippine courts, this principle is often cited when the law provides no exceptions, even if the outcome seems unfair. It teaches law students and lawyers alike that justice is rooted in the consistent application of the law.
2. Ignorantia legis non excusat
Translation: Ignorance of the law excuses no one.
This is a foundational doctrine in both criminal and civil law. In the Philippines, it is enshrined in Article 3 of the Civil Code. Whether you're a private citizen or a public official, not knowing the law will not exempt you from liability or punishment.
3. Nemo dat quod non habet
Translation: No one gives what he does not have.
Commonly cited in property and contract law, this maxim underscores the rule that one cannot transfer a better title or right than what one actually possesses. For instance, if someone sells a stolen item, the buyer doesn’t acquire lawful ownership even in good faith.
4. Res ipsa loquitur
Translation: The thing speaks for itself.
This maxim is often invoked in tort law, particularly in negligence cases. It applies when the nature of an accident implies negligence even without direct evidence—for example, when surgical tools are left inside a patient after surgery, as in the case of PSI v. Agana. The burden shifts to the defendant to prove they were not negligent.
5. Stare decisis et non quieta movere
Translation: Stand by the decision and do not disturb what is settled.
This principle forms the basis of the doctrine of precedent. In Philippine jurisprudence, it encourages courts to follow previous rulings to maintain consistency and stability in the law. However, it also allows for exceptions when there are compelling reasons to deviate from past decisions.
6. In dubio pro reo
Translation: When in doubt, rule in favor of the accused.
A core principle in criminal law, this maxim protects the rights of the accused. It aligns with the constitutional guarantee of the presumption of innocence. If there is reasonable doubt, the court must acquit the accused.
7. Pacta sunt servanda
Translation: Agreements must be kept.
This applies in both civil law and international law. In the context of Philippine contracts, it highlights that once a contract is legally formed, the parties are bound to comply with its terms. The principle underpins the enforceability of private agreements.
8. Ex dolo malo non oritur actio
Translation: A right of action cannot arise from a base cause.
This means one cannot seek legal protection or remedy for actions that arise from one’s own wrongdoing. For instance, a thief cannot sue someone for not returning stolen goods.
9. Salus populi est suprema lex
Translation: The welfare of the people is the supreme law.
Used to justify actions or laws enacted for the public good, this maxim is often cited in constitutional law and administrative rulings. It legitimizes government measures taken in times of public emergency, provided they are lawful and reasonable.
10. Qui tacet consentire videtur
Translation: He who is silent is taken to consent.
In some legal contexts, silence can be interpreted as implied consent, especially when a duty to object exists. While this principle is not absolute, it plays a role in contract law and procedural matters.
11. Falsus in uno, falsus in omnibus
Translation: False in one thing, false in everything.
This doctrine deals with the credibility of witnesses. If a witness is found to have lied about one material fact, their entire testimony may be disregarded. However, Philippine courts use this rule cautiously and consider the totality of circumstances.
12. Ubi jus ibi remedium
Translation: Where there is a right, there is a remedy.
This principle ensures that legal rights are not meaningless. If a legal right is violated, the aggrieved party should have access to a legal remedy. It's the very essence of justice delivery.
Why Latin Maxims Still Matter
Despite evolving legal systems and modern statutes, Latin legal maxims continue to shape Philippine law. They are regularly cited in Supreme Court decisions, textbooks, and Bar examinations. Law students are expected to understand and apply these maxims not just for recitations and exams but in legal reasoning and practice.
More than just phrases to memorize, Latin maxims are compact expressions of justice, fairness, and logic. They remind us that the legal profession, though rooted in tradition, is guided by principles that transcend time.
Conclusion
For law students, these Latin maxims may seem intimidating. For such reason, it’s considered as best practice to familiarize early and learn these maxims through memorization and application.By understanding and applying these phrases, law students and lawyers can sharpen their legal reasoning and better uphold the rule of law in the Philippines.
So the next time you encounter a recitation question or draft a legal brief, remember: res ipsa loquitur—the facts often speak for themselves, but it’s the language of the law that brings them to life.