Some Well Known Latin Maxims

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    VERBIS LEGIS NON EST RECEDENDUM

    From the words of the law there must be no departure.plain, and free from ambiguity, it must be given its literalmeaning and applied without attempted interpretation.

    This "plain-meaning rule" or verba legis, derived from themaxim index animi sermo est (speech is the index ofintention), rests on the valid presumption that the wordsemployed by the legislature in a statute correctly express its

    intent or will and preclude the court from construing itdifferently. The legislature is presumed to now the meaningof the words, to have used words advisely, and to haveexpressed its intent by the use of such words as are found inthe statute. !erba legis non est recedendum, or from thewords of a statute there should be no departure.

    IBAA Employees Union v. Inciong# $%&'%, & *ctober +' (& #/ 00)

    Facts1*n 2une &3, +4%, the 5nion filed a complaint against theban for the payment of holiday pay before the then6epartment of $abor, 7ational $abor #elations ommission,#egional *ffice 8! in 9anila. onciliation having failed, andupon the re:uest of both parties, the case was certified forarbitration on 4 2uly +4%. *n &% /ugust +4%, $abor /rbiter#icarte T. oriano rendered a decision in the above-entitledcase, granting petitioner;s complaint for payment of holidaypay. #espondent ban did not appeal from the said decision.8nstead, it complied with the order of the $abor /rbiter bypaying their holiday pay up to and including 2anuary +40.

    *n 0 6ecember +4%, ?mployeeswho are uniformly paid by the month, irrespective of thenumber of woring days therein, with a salary of not lessthan the statutory or established minimum wage shall bepresumed to be paid for all days in the month whetherwored or not.@ *n & /pril +40,

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    whether the ten (3) paid legal holidays were already paid tohim or not. The ten (3) paid legal holidays law, to start with,is intended to benefit principally daily employees. 8n the caseof monthly, only those whose monthly salary did not yetinclude payment for the ten (3) paid legal holidays areentitled to the benefit.5nder the rules implementing

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    acnowledgment of the status of the natural child for it will goagainst /rt. %.

    85?1EB7 the ivil ode allows for the adoption of acnowledgednatural children of the father or mother.

    D?$61The law intends to allow adoption whether the child berecogniHed or not. 8f the intention were to allow adoption only

    to unrecogniHed children, /rticle would be of no usefulpurpose. The rights of an acnowledged natural child aremuch less than those of a legitimated child. ontending thatthis is unnecessary would deny the illegitimate children thechance to ac:uire these rights. The trend when it comesto adoption of children tends to go toward the liberal. Thelaw does not prohibit the adoption of an acnowledgednatural child which when compared to a natural child ise:uitable. /n acnowledged natural child is a natural childalso and following the words of the law, they should beallowed adoption.

    Mata&%ena v. Cervantes.#. 7o. $-&44 (9arch , +4)

    F/T1Felix 9atabuena cohabitated with #espondent. 6uringthis period, Felix 9atabuena donated to #espondent aparcel of land. $ater the two were married. /fter the deathof Felix 9atabuena, his sister,

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    municipal police, provincial governors, lieutenant governors,provincial treasurers, municipal treasurers, municipalmayors, and guards of provincial prisoners and Aails," are notcovered "when such firearms are in possession of suchofficials and public servants for use in the performance oftheir official duties.The ourt construed that there is no provision for the secretagentO including it in the list therefore the accused is notexempted.

    #eople v. +antayana7o. $-&&&+ (7ovember %, +40)

    F/T1/ccused was found guilty of the crime of illegal possessionof firearms andsentenced to an indeterminate penalty fromone year and one day to two years,and to pay the costs.

    85?1 EB7 the appointment of the /ppellant as a specialagent of the 8, whichapparently authoriHes him to carryand possess firearms, exempts him from securing alicenseor permit corresponding thereto.

    D?$61 es. /t the time of appellant;s apprehension, thedoctrine then prevailing wasenunciated in the case of

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    85?1 a religious institution invoing e-%sdemgeneri whether Pemployer@ be limited to undertaing anactivity which has an element of profit or gainI

    T/T5T?1 =any person, natural or Auridical, domestic orforeign, who carried in the