LIST OF LEGAL DOCTRINES
CONSTITUTIONAL LAW
1. CONSTITUTIONAL SUPREMACY – The
Constitution is the fundamental law of the land.
Therefore, no law shall be inconsistent with the
Constitution. Otherwise, the same shall be null
and void.
2. DOCTRINE
OF
NON-DELEGATION
OF
POWERS (POTESTAS DELEGATA NON
DELEGARI POTEST) – Translates to “what has
been delegated, cannot be delegated”. This legal
maxim states that a delegated authority cannot
be delegated further. In Philippine laws, there are
certain exceptions to this general rule, namely:
(Defensor-Santiago v. Guingona Jr., G.R. No.
134577, 18 Nov. 1998)
5. DOCTRINE OF ENROLLED BILL – Once a bill
has been passed by a legislature, signed by its
presiding officers (like the Speaker of the House
and Senate President), and certified by the
appropriate officials (like the secretaries of each
house), it is considered conclusive proof of its
validity and passage.
6. GRAVE ABUSE OF DISCRETION – Such
capricious and whimsical exercise of judgment by
a tribunal exercising judicial or quasi-judicial
power as to amount to lack of power.
7. RES IPSA LOQUITUR –
a. Delegation of tariff powers to the President;
b. Delegation of emergency powers to the
President;
c. Delegation to the people at large;
d. Delegation to local governments; and
e. Delegation to administrative bodies.
For a delegation to be valid, the following
elements should be present:
a. The law is complete in itself, setting forth
therein the policy to be executed, carried out,
or implemented by the delegate; and
b. The law fixes a standard – the limits of
which are sufficiently determinate and
determinable – to which the delegate must
conform the performance of his function
(Santiago v. Comelec, G.R. No. 127325)
3. DOCTRINE OF SUBORDINATE LEGISLATION
– [The Legislative branch] may constitutionally
delegate the authority to promulgate rules and
regulations to implement a given legislation and
effectuate its policies, for the reason that the
legislature finds it impracticable, if not impossible,
to anticipate situations that may be met in
carrying the law into effect. All that is required is
that the regulation should be germane to the
objects and purposes of the law; that the
regulation be not in contradiction to but in
conformity with the standards prescribed by the
law. (Maritime Manning Agencies Inc., v.
POEA, G.R. No. 114714, 21 Apr. 1995)
Sufficiency test –
Completeness test –
4. SEPARATION OF POWERS – Each of the three
great branches of government has exclusive
cognizance of and is supreme in matters falling
within its own constitutionally allocated sphere.
CIVIL LAW
1. IGNORANTIA LEGIS NEMINEM EXCUSAT –
Ignorance of the law excuses no one from
compliance therewith.
2. DOCTRINE OF PROCESSUAL PRESUMPTION
/ DOCTRINE OF PRESUMED-IDENTITY
APPROACH – Our courts do not take judicial
notice of foreign laws. The same shall be pleaded
and proved as a fact pursuant to the laws of
evidence. Otherwise, our courts will treat the
foreign laws as the same as our domestic laws.
3. LEX PROSPICIT, NON RESPICIT – The law
looks forward, not backwards. Generally, laws are
prospective in application.
4. INTERPRETARE
ET
CONCORDARE
LEQUIBUS EST OPTIMUS INTERPRETENDI Every statute must be so interpreted and brought
into accord with other laws as to form a uniform
system of jurisprudence.
5. DOCTRINE OF OPERATIVE FACT – A law
inconsistent with the Constitution is null and void,
but the rights and obligations that arose during
the period when the law was still in effect shall
remain valid even if the said law was later
declared unconstitutional.
6. DOCTRINE OF STARE DECISIS – A doctrine
established by the Supreme Court will be adopted
and applied by the determining court and all
courts of lower rank in subsequent cases where
the same legal issue is raised. But the court shall
take into consideration the facts surrounding the
case and choose not to follow the said doctrine if
its application will violate the law in force.
7. NULLUM, CRIMEN, NULLA POENA SINE
LEGE – There is no crime when there is no law
punishing the same.
8. PRINCIPLE OF GENERALITY OF CRIMINAL
LAWS – Philippine penal laws and those of public
security and safety are obligatory not only to its
citizens, but to all persons within the Philippine
Territory.
9. NATIONALITY PRINCIPLE – on the matter of
family rights and duties, condition, status, and
legal capacity of a person, the applicable law is
the national law of the person concerned.
10. LEX LOCI REI SITAE / LEX SITUS – Immovable
properties are exclusively subject to the laws of
the country or state where it is situated.
11. DURA LEX SED LEX – The law may be harsh
but it is the law. When the law is clear, the law
must be applied without any doubt, confusion, or
need for interpretation.
12. LEX LOCI CELEBRATIONIS – literally translates
to the law of the place of celebration. It refers to
a legal principle which states that the formalities
and requirements for the validity of a marriage are
governed by the laws of the place where the
marriage was celebrated, rather than the laws of
the domicile, nationaly, or residence of the parties
involved.
13. LEX LOCI VOLUNTATIS – The law of the place
voluntarily agreed upon by the parties.
14. LEX LOCI INTENTIONIS – The law of the place
intended by the contracting parties, whether
express or implied.
15. QUI JURE SUO UTITUR NULLUM DAMNUM
FACIT – He who uses his own right does no
harm.
16. DAMNUM ABSQUE INJURIA – Loss without
injury.
17. VOLENTI NON FIT INJURIA – To a willing
person, no injury is done.
18. DOCTRINE OF PARENS PATRIAE – The
inherent power and authority of the state to
provide protection of the person and property of a
person non sui juries. Under that doctrine, the
state has the sovereign power of guardianship
over persons under disability. (Vasco v. CA, G.R.
No. 46763, 28 Feb. 1978)
CRIMINAL LAW
1. IGNORANTIA FACTI EXCUSAT – Ignorance or
mistake in point of fact is, in all cases of supposed
offense, a sufficient excuse.
2. UBI LEX NON DISTINGUIT NEC NOS
DISTINGUERE DEBEMOS – “Where the law
does not distinguish, we ought not to distinguish.”