What do the legal maxims “Animi sermo est” (speech is the index of intention) and “Verba legis non est recedendum” (from the words of a statute there should be no departure) mean?

As to the issue of who has the better right over the SSS death benefits, Section 8(e) and (k) of R. A. No. 8282[27] is very clear. Hence, we need only apply the law. Under the principles of statutory construction, if a statute is clear, plain and free from ambiguity, it must be given its literal meaning and applied without attempted interpretation. This plain meaning rule or verba legis, derived from the maxim index animi sermo est (speech is the index of intention), rests on the valid presumption that the words employed by the legislature in a statute correctly express its intent by the use of such words as are found in the statute. Verba legis non est recedendum, or, from the words of a statute there should be no departure.[28]

http://sc.judiciary.gov.ph/jurisprudence/2008/jan2008/173582.htm

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About Erineus

Born on December 28, 1965, Surallah, South Cotabato, Southern Mindanao, Philippines.
This entry was posted in Legal Maxim, Question and Answers, Statutory Construction and tagged . Bookmark the permalink.

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