Statutory Construction

November 8, 2019

Chapter V: Maxims, Doctrines, Rules and Guidelines in the Construction and

Interpretation of Words and Phrases

Dura Lex Sed Lex (The law may be harsh, but it is the law) A statute, being the will of the

legislature, should be applied exactly the way the legislature has expressed itself clearly in the

law. The clear, unambiguous and unequivocal language of a statute precludes the court from

construing it and gives it no discretion but to apply the law. The statute in such a case must be

taken to mean exactly what it says.

Olympio Revaldo vs. People of the Philippines

G.R. No. 170589

April 16, 2009

Facts:

Petitioner Olympio Revaldo was charged with the offense of illegal possession of

premium hardwood lumber in violation of Section 68 of Forestry Code. On June 18, 1992,

Maceda together with the other policemen went to the house of the petitioner to verify the report

of Sunit that the petitioner had in his possession of lumber without necessary documents. The

policemen were not armed with a search warrant that day and confiscated 20 pieces of lumber of

different varieties lying around the vicinity of the house of the petitioner. The petitioner contends

that the warrantless search and seizure conducted by the police was illegal thus the items seized
should not have been admitted evidence against him. The respondent contends that even without

a search warrant, the personnel of PNP can seize forest products cut, gathered, or taken by an

offender in pursuant of Section 80 of the Forestry Code.

Issue: Whether or not the mere possession of the lumber without legal documents constitute

culpable felony.

Held:

Petitioner was in possession of the lumber without the necessary documents when the

police officers accosted him. In open court, petitioner categorically admitted the possession and

ownership of the confiscated lumber as well as the fact that he did not have any legal documents

therefor and that he merely intended to use the lumber for the repair of his dilapidated house.

Mere possession of forest products without the proper documentation consummates the

crime. Dura lex sed lex. The law may be harsh but that is the law.

Ubi Lex Non Distinguit Nec Nos Distinguere (When the Law does not distinguish, Courts

shall not distinguish) The rule, founded on logic, is a corollary of the principle that general words

and phrases in a statute should ordinarily be accoreded their natural and general significance.

The rule requires that a general term or phrase should not be reduced into parts and one part

distinguished from the other so as to justify its exclusion from the operation of the law. In other

words, there should be no distinction in the application of a statute where none is indicated. For

courts are not authorized to distinguish where the law makes no distinction. They should instead

administer the law not as they think it ought to be but as they find it and without regard to

consequences.