Compiled by: Angel Phyllis P.

Prias EH 305 AY 2019-2020

Statutory Construction sometimes adopt the rules of statutory construction as part of

Midterms – Atty. Joan Dymphna G. Saniel-Amit the provisions of the statute.
Where legislative intent is ascertained
INTRODUCTION: The statute itself:

Statutory Construction: If the statute as a whole fails to indicate the legislative

It is the art of seeking the intention of the legislature in intent, the court may look beyond the statute, such as legislative
enacting a statute and of applying it to a given state of facts. history in order to ascertain what was in the legislative mind at
the time the statute was enacted, the circumstances when the
Construction v. Interpretation action was taken, what evil was meant to be redressed.

A distinction is sometimes made between construction Legislative intent

and interpretation. Interpretation is said to be the act of finding Legislative intent for construction purposes does not
the true sense and meaning of words, whereas construction is mean the collection of the subjective wishes, hopes and
the drawing of conclusions of the text. prejudices of each member of the legislature, but rather the
“objective footprints left on the trail of legislative enactment.”
In other words, one who “interprets” does not get
outside of the context of the statute, while one who “construes” It may be speculated about, but it can only be
has to go outside of the language of the statute and seek the help discovered by a history of the statute’s enactment, the evil which
of extrinsic aids. However, this vague distinction is of little or the legislative aimed to prevent or cure thereby and other like
no practical value; the courts have treated these two terms circumstances. To look instead to the individual meaning
synonymous. (US v. Keitel, 211 US., p. 370). attached to it by each legislature when he voted in favor of the
statute, is to disregard the realities of legislative procedure.
Legal hermeneutics:
It is the branch of science which establishes the Structure of Government affecting interpretation
principles and rules of interpretation and construction of Legislative Power: authority of Congress to make laws and to
written laws. The application of the said principles and rules is alter or repeal them.
termed exegesis.
Judicial Power: authority to settle justiciable controversies or
When is it necessary to interpret and construct? disputes involving rights that are enforceable and demandable
When the language of the statute is ambiguous, before the court of justice or the redress of wrongs for the
doubtful or obscure, when taken in relation to set of facts. violation of such rights, it includes duty of the courts of justice
When reasonable minds disagree as to the meaning of to determine whether or not there has been a grave abuse of
the language used in the statute. discretion amounting to lack or excess of jurisdiction on any
When the law speaks in clear and categorical language. part of any branch or instrumentality of the Government.
The duty of the court, in such a case is to APPLY THE LAW Executive Power: shall be vested in the President of the
NOT TO INTERPRET IT. Philippines. It is the power to enforce and administer the laws.

Purpose of Construction: Checks and Balances:

The sole purpose of statutory construction is to Laws emanate from legislature – President may veto, courts
ascertain the meaning and intention of the legislature so that the may determine the validity (with requisites). The Executive
same may be enforced. Legislative intent is the vital part, the Department may modify or set aside the judgement od the
heart, the soul and the essence of the law. court. Legislative department may amend of revoke the
decision of the law (by enhancing or amending a law).
Ambiguity
It has been defined as doubtfulness, doublings of Authority of construction and interpretation
meaning, or indistinctness, or uncertainty of meaning of the JUDICIAL DEPARTMENT:
expression used in a written instrument. 1. Supreme Court
2. Lower Courts:
A statute is ambiguous where some of the words used a. Court of Appeals
therein may refer to several objects and the manner of their use b. Regional Trial Court
does not disclose the object to which the words refer. An c. Municipal Trial Court in Cities
ambiguity, however, that justifies the interpretation of a statute d. Municipal Trial Court
is not simply that arising from the meaning of particular words e. Municipal Circuit Trial Court
but includes such as may arise in respect to the general scope Judicial Rulings:
and meaning of a statute, considering all its provisions. Rulings of SC part of our legal system. Judicial Rulings have no
retroactive effect. Only SC en banc can modify or abandon
Rules of Construction: principle of law, and not any division of the Court. The Court
may issue guidelines in construing a state.
Tools to ascertain legislative intent, not rules of law but axioms
of experience. Helps the court to ascertain the true intent and
meaning of the ambiguous language of the statute. Legislature
Compiled by: Angel Phyllis P. Prias EH 305 AY 2019-2020

Requisites for Construction: Irrepealable law

a. Actual case or controversy
b. There is ambiguity in the law involves Procedural Requirements
Where the law speaks in clear and categorical Basic requirements provided by the Constitution
language, there is no room for interpretation, only Detailed procedures – congress may promulgate
application.
How a Bill becomes a Law
Limitations on the power to construe:
May or may not enlarge or restrict statutes. Courts may not be
influences by questions of wisdom or sympathy.

CASES:
Director of Lands v. CA
Pascual et. al. v. Pascual Bautista et. al.
PP v. Mario Mapa y Mapulong
PP v. Patricio Amigo
Twin Ace Holdings Corp v. Rufina Co.

STATUTES – SUBJECTS OF CONSTRUCTION

Where does a bill originate?
Laws General Rule: May originate from both houses (Senate or
Refers to the whole body or system of law, a rule of conduct House of Reps)
formulated and made obligatory by legitimate power of the Exceptions: Should originate only from the HR
state, includes statutes, presidential decrees, executive orders, - Appropriations
other presidential issuances, rulings of the Supreme Court, - Revenue
rules and regulations by administrative or executive officers - Tariff
pursuant to delegated power, ordinances by sanggunians of - Local application
LGUs.
Steps
Statutes - Sponsoring legislator files and a Bill No. is assigned
An act of legislature as an organized body, expressed in the First Reading – introduced to the house (may be upper or
form, and passed according to the procedure, required to lower house with exceptions), title is read and referred to
constitute it as part of the law of the land committee
Includes those enacted by the Philippine Legislature, Batasang - Second Reading – Read in full of amendments by the
Pambansa and Congress of the Philippines committee, subject to debates, deliberations and
Same force and effect: PDs of Marcos, EOs of Cory under amendments,
Freedom Constitution - Third Reading – Submitted for final vote by yeas and
nays
Classifications - Refer to other House – undergoes three readings
Public or private - Conference Committee – if other house introduces
Public – general, special and local amendments and the originating house does not
Permanent and temporary agree, differences are settled by the Conference
According to operation: Declaratory, Curative, Mandatory, committee, recommendations should be approved by
Directory, Substantive, Remedial, Penal both houses
-
Enactment of Statutes - Authentication – signing by Speaker and Senate
Legislative Power --- Congress (Senate and the House of President of printed copy of approved bill, certified
Representatives) by the respective secretaries of both houses
General Rule: Non-delegable - President’s Approval/Veto –
Exceptions: a. if approve, will sign it,
Rule-making delegated to Executive Branch but with b. if not approve veto and return to the house
requisites where it originated
Local Legislation/ordinances?? c. Inaction – deemed approved within 30 days, no
Emergency powers pocket veto
Tax legislation d. If vetoed – may be overridden by 2/3 votes of
Prohibited Laws: each house voting separately
Ex-post facto law
Bill of attainder
Compiled by: Angel Phyllis P. Prias EH 305 AY 2019-2020

Parts of a Statute Effect of unconstitutionality

- Preamble - Is not a law, confers no rights, imposes no duties, no
- Title protection, creates no office, inoperative as though it
- Requirement – one subject which shall be expressed has never been passed?
in the title - Prior to declaration – presumed to be valid
- Enacting Clause - Partial invalidity
- Purview or body of statute
- Separability Clause Effect and Operation
- Repealing Clause - Tañada vs, Tuvera --- Publication required
- Effectivity Clause - Ordinances:
a. Posting
Legislative Journal b. Gist of ordinances with penal sanctions –
Required by Constitution. published in newspaper of general circulation
Conclusive with respect to matters that are required by the c. For highly urbanized and independent
Constitution to be recorded therein component cities – publication in local
Other matters - in the absence of evidence to the contrary, also newspaper of general circulation within the city
accorded conclusive effect in addition to posting
Conflict between enrolled bill and legislative journal, former - Valid until repealed
prevails for the other matters

Enrolled Bill BASIC FRAMEWORK AND GUIDELINES IN

Bill as passed by Congress, authenticated by the speaker and CONSTRUCTION
Senate President and approval by the President. Deemed
importing absolute verity and binding on the courts Legislative Intent
Enrolled Bill doctrine – conclusive of its due enactment Object of construction is to ascertain the intention of the
Court cannot go behind the enrolled act to discover what really legislature, to the end that the same may be enforced.
happened
Meaning (literal) and intention (may be outside the literal
Withdrawal of Authenticity meaning) must be sought first in the language of the statute
Speaker and President of Senate may withdraw signatures itself.
- Serious and substantial discrepancy between the text
of the bill as deliberated in the legislature and shown Legislative intent for construction purposes does not mean the
by the journal and that of the enrolled bill collection of the subjective wishes, hopes and prejudices of each
- Effect of withdrawal – nullify status as enrolled bill member of the legislature, but rather objective footprints left on
the trail of legislative enactment.
Issuances, Rules and Ordinances
- Presidential Issuances – EOs, AOs, Proclamations, The cardinal rule of construction is to ascertain the intention and
Memo Orders, Memo Circulars, General or Special meaning of the legislature for the purpose of giving effect
Orders thereto. The application of the law according to the spirit and
- Administrative Rules and Regulations intent of the legislative body is the principal objective of judicial
- Administrative Interpretation interpretation.
- Supreme Court Rules
- Ordinances of Local Governments Legislative intent has thus been designated as the vital part, the
a. Barangay soul and essence of the law, and the guiding star in the
b. City interpretation thereof.
c. Municipality
d. Province Verba Legis
Validity of Statutes Plain meaning rule – statute must be interpreted literally
- Presumption of Constitutionality through the court should be convinced that some other meaning
- Judicial Review was really intended by the law-making power and even though
a. Appropriate case the literal interpretation should defeat the very purposes of the
b. Standing enactment.
c. Constitutionality raised at earliest opportunity
(ripeness/prematurity)
d. Justiciability (not a political question)
e. Necessity of deciding constitutionality (lis mota)
Compiled by: Angel Phyllis P. Prias EH 305 AY 2019-2020

Whenever possible, the words used in the Constitution must be

given their ordinary meaning except when technical terms are Construction as not to render provision nugatory.
employed. Construction to give life to the law.
Construction to avoid surplusage.

CASES: Spirit and Purpose of the Law

Exception to Verba Legis Rule
Glove Mackay Cable et. al. v. NLRC
Felicito Basbacio v. Office of the Secretary, DOJ
When literal interpretation would lead to absurd and
Regino Sy Catiis v. CA
mischievous consequences or would thwart or contravene the
SWS and Pulse Asia v. COMELEC
manifest purpose of the legislature in its enactment, if should be
construed according to its spirit and reason, disregarding or
modifying so far as may be necessary the strict letter of the law:
Statutes as a whole
Legislative intent must be ascertained from a consideration of - A case which falls within the letter of a statute may
the statute as a while and not of an isolated part or a particular not be governed by the statute because it is not
provision alone. within the intention of the legislature.
- Statutes may be extended to cases not within the
A word or a phrase might covey a meaning different from the literal import of the terms if plainly meant to be
one intended if taken in the abstract e.g. a general provision may included.
have limited application if read with other provisions. - Not applicable if statute is free from ambiguity
(there is not doubt on the meaning and intent).
Effect and meaning must be given to every part of the statute
which is being subjected to construction (not to be presumed Literal import must yield to intent
that legislature used any useless word). A construction that gives to the language used in a statute a
meaning that does not accomplish the purpose of which the
The Court has no other choice but to apply the law according to statute was enacted should be rejected.
its evident intent. Courts should give effect to the general
legislative intent if this can be discovered within the four
corners of the law. Courts cannot go outside the field of
interpretation to inquire into the motive(s) of the legislature in Case:
enacting a particular statute. Manuel de Guia v. COMELEC

Cases:
Between two statutory interpretations, that which better serves
JMM Promotions and Management Inc. v. NLRC
the purpose of the law should prevail.
and de los Santos
Radiola Toshiba Phils, Inc. v. IAC `

Case:
Elena Salenillas and Bernardino Salenillas v. CA
Courts should construe all the constituent parts of the statute
together and seek to ascertain the legislative intent from the
whole act, considering every provision thereof in the light of the
general purpose and object of the act itself and endeavoring to When the reason of the law ceases, the law itself ceases
make every part effective, harmonious and sensible.

Courts should avoid absurd consequences and refuse to regard Case:

any word as superfluous unless it is clearly unavoidable. B/Gen. Commendador et. al. v. Camera el. al.

Duty to Reconcile
Each provision in a statute is inserted for a definite reason. The Other Considerations:
courts therefore have the duty to reconcile or harmonize so far - Construction to avoid absurdity.
as practicable the various parts and provisions thereof so as to - Construction to avoid injustice.
make them consistent, harmonious, and sensible. It is only - Construction to avoid danger to public interest
through this that the statute will be given effect as a whole. - Construction to favor right and justice.

Rules in construing a statute Implications – Doctrine of Necessary Implications

Special and general provisions in same statute – special The implications and intendments arising from the language of
provision prevails regardless of the position it occupies in a a statute are as much a part of it as if they had been expressed.
statute, and whether it comes earlier or later than the general But it is only the necessary implications which may this be read
one. into the statute.
Compiled by: Angel Phyllis P. Prias EH 305 AY 2019-2020

suspend or remove, the constitutional against suspension or

TEST: The implication must be so strong in its probability that removal of civil service employees except for cause as provided
the contrary thereof cannot be reasonably supposed. in the law precludes such implication.

Authority to charge against public funds may not be implied.

Unless a statute expressly so authorizes, no claim against the
Cases: public fund may be allowed. A statute may not be construed as
Lydia O. Chua v. CSC and NIA to authorize, by implication, a charge against public funds.
City of Manila and City Treasurer v. Judge Amador Example: A statute requiring employers to pay 13th month
E. Gomez, et. al. compensation, the statute may not be construed to include the
sovereign, nor the term “employers” be construed to include the
government. What cannot be done directly cannot be done
indirectly. There should be no penalty for compliance with law
Example of Implications:
Grant of power right or privilege deemed to include all Casus Omissus
incidental power, right or privilege. Thus, the power to establish Casus omissus pro omisso habendus est states that a person, object
an office carries with it the authority to abolish it, unless there or thing omitted from an enumeration must be held to have
are constitutional provisions expressly or impliedly providing been omitted intentionally.
otherwise. The power to approve a license includes by
implication the power to revoke. Applies only if and when the omission has clearly been
established and is such case what is omitted in the enumeration
Grant of power excludes greater power. Power of supervision may not by construction be included therein.
over local government does not include power to suspend or
remove local elective officials, being acts of control which is When a statute makes specific provisions in regard to several
greater than supervision. enumerated cases or objects, but omits to make any provision
for a case or object which is analogous to those enumerated, or
Implications in a grant of jurisdiction – carries with it all which stands upon the same reason, and is therefore within the
necessary and incidental powers to employ all writs, processes general scope of the statute, and it appears that such case or
and other means essential to make its jurisdiction effective. object was omitted by inadvertence or because it was
When a court is given jurisdiction over the main cause of action, overlooked or unforeseen, such omissions can be supplied by
it can grant reliefs incidental thereto, even it they would the courts.
otherwise be outside of its jurisdiction.

Remedy implied from a Right. Where there is a right, there is a

remedy for violation thereof. Where the constitution declares Case:
that a right exists in certain specified circumstances, an action PP v. Guillermo Manantan
may be maintained to enforce such right notwithstanding the
absence of legislation on the subject; consequently, if there is no
statute especially enacted to enforce such constitutional right, Stare Decisis
such right is enforceable itself by its own inherent potency and Policy of Courts to stand by precedent and not disturb settled
puissance, and from which all legislations must take their points. When the court has once laid down a principle of law as
bearings. For where there is a right, there is a remedy. (Manila applicable to a certain state of facts, it will adhere to that
Prince Hotel vs. GSIS) principle, and apply it to all future cases, where facts are
substantially the same, regardless of whether the parties and
Illegality of an act implied from prohibition. When a statute property are the same.
prohibits the doing of an act, the act done in violation thereof is
by implication null and void. The prohibited act cannot serve as
a foundation of a cause of action for relief. Case:
Parties to an act prohibited by statute be left where they are, to JM Tuason and Co. Inc. et. al. v. Hon. Herminio
make the statute effective and to accomplish its object. Mariano et. al.
Exception: When it will violate an avowed fundamental policy
or public interest. When the transaction is not illegal in itself but
only prohibited and such prohibition is designed for the
protection of one party.
Pare Materia Rule
Statutes are in pari materia if they relate to the same subject or
No implications
have the same general purpose
Statutes in pari materia should be read and construed together
What is implied should not be against the law. Statutory grant
as if they constituted one law. They shall be construed and
of power does not include such incidental power which cannot
harmonized with the existing law
be exercised without violating the Constitution, the statute
conferring the power, or other laws on the same subject. Thus,
the power to appoint while ordinarily implies the power to
Compiled by: Angel Phyllis P. Prias EH 305 AY 2019-2020

This rule is founded on the assumptions that in enacting a law, Implied repeals are not legally presumed in the absence of a
the legislature has in mind the previous statutes relating to the clear and unmistakable showing of such intentions.
same subject matter.

Thus, in the absence of express repeal or amendment, the new Case:

statute is deemed enacted in accordance with the legislative Batangas City Inc. v. CA
policy embodied in the previous statutes that it enacted.
This Rule is subject to two qualifications:
1.If two or more statutes on the same subject were
CONSTRUCTION AND INTERPRETATION OF WORDS
enacted at different times and under different AND PHRASES USED IN A STATUTE
conditions and circumstances. THEIR
INTERPRETATION SHOULD BE IN ACCORDANCE Generally
WITH THE CIRCUMSTANCES OR CONDITIONS
PECULIAR TO EACH. A word or phrase used in a statute may have an ordinary,
generic, restricted, technical, legal, commercial or trade
2.A statute will not be construed as repealing prior act meaning.
or acts on the same subject unless the new law is It may have been defined in the statute itself or may have
evidently intended to repeal all prior laws on the previously received a judicial construction. Which meaning
matter should be given depends upon what the legislature intended.
In case of doubt, the doubt will be resolved against implied This could be found from the statute itself and secondarily from
amendment or repeal and in favor of harmonization of all laws extraneous and relevant circumstances.
on the subject. Statutory definition
Legislative definition controls the meaning of the statutory
Special v. General Laws word, irrespective of any other meaning the word or phrase
Special law prevails over a general law. may have in its ordinary or usual sense.

Qualification: is controlling only insofar as said act/law is

concerned. The definition is not conclusive as to the meaning of
Case: the same word or term as used in other statutes.
DAR v. PHILCOMSAT
How to interpret words and phrases in a statute?
It depends. If the words and phrases used are defined in the
Exceptions: statute itself, such definition controls the meaning of the
1.The general law prevails over the special law when it treats statutory word, irrespective of any other meaning the word or
the subject in particular and the special law refers to it in general phrase may have in its ordinary or usual sense.
(Bagatsing vs. Ramirez, G.R. No. 41631, December 17, 1978) If there is no such definition, the words or phrases in the statute
2.The general law prevails over the special law when the should be interpreted in accordance with its well-accepted
legislature intended the general amendment to cover the whole meaning and they should be construed in the light of the context
subject and to repeal all prior laws inconsistent therewith. of the whole statute.
(Lechaco vs. Civil Aeronautics Board, 43 SCRA 670) Is statutory definition conclusive to the courts?
Not necessarily conclusive to the courts in the following cases:
Reenacted Statutes - When such definition creates obvious
A statute which reenacts a previous statute. In interpreting incongruities
reenacted statutes, the Court will follow the construction which - When it contravenes the major purpose of the
such statute received when previously in force. statute and
- When it becomes illogical as a result of a change
Adopted Statutes in its factual basis
Those which are patterned after or copied from the statute of
another country. For the purposes of construing an adopted In such cases, it will be given a meaning that will serve the
statute, our courts will necessarily be guided by the purpose of the law or which make the law logical and free from
interpretation and construction of the courts of the country from incongruities.
which the statute is taken.

Other Rules
In case of conflict between a common law principle and a
statutory provision, the latter prevails.

Case:
Alvendia v. IAC
Compiled by: Angel Phyllis P. Prias EH 305 AY 2019-2020

Rules
- Words construed in their ordinary sense Word or phrase construed in relation with other provisions
- General words construed generally A word, phrase or provision should not be construed in
- Generic term includes things that arise thereafter isolation but must be interpreted in relation to other provisions
- Words with commercial or trade meaning in the law. This is a variation on the rule that statutes should be
- Words with technical or legal meaning construed as a whole and each of the provisions must be given
- How identical terms in same statute construed effect.
- Meaning of word qualified by purpose of statute Meaning of term dictated by context
- Meaning of term dictated by context A word is to be understood in the context in which it is used.
- Where the law does not distinguish While ordinarily a word or term in a statute will be given the
- Disjunctive and conjunctive words usual and commonly understood meaning, the context in which
the word or term is employed may dictate a different sense. The
Rules in the following situations: context may give a broad sense to a word of otherwise ordinary
- When a word used in a statute has a general limited meaning
meaning
The general word should not be given a restricted Eg.
meaning unless it is otherwise indicated “A riparian owner of the property adjoining foreshore lands, marshy
Eg. “Foreigner” – includes juridical persons. lands or lands covered with water bordering upon shores of banks of
“person” – includes private juridical navigable lakes or rivers shall have preference to apply for such lands
corporation unless it appears that it is used in adjoining his property.”
a more limited sense Riparian strictly speaking is a person who owns land situated
“judge” – includes judges in the inferior courts in the banks of river. In this context, it is used in a broader sense
and justices of the SC to also refer to those owners to any property having a water
frontage. The context may also limit the meaning of what
- When the word used has a technical meaning otherwise is a word of broad signification.
They are considered to have been used in their
technical sense Word has no meaning in harmony with legislative intent
Eg. where criminal case is “dismissed” is not These can be treated as surplusage and they may entirely be
equivalent to being “acquitted” acquitted – ignored. Before resorting to this however, the courts should
finding of not guilty based on the merit, does not construe the statute in its entirety and find out if the words used
include a dismissal of the case because dismissal can still admit a reasonable construction which can give them
does not amount to acquittal, except when the force and meaning.
dismissal comes after the prosecution has
presented all its evidence and is based on
insufficiency of such evidence. Case:
Montenegro v. Castaneda
- When the word used has no meaning in harmony
with the legislative intent

- When the word or phrase is repeatedly used in a When the law does not distinguish
statute Where the law does not distinguish courts should not
A word or phrase used in one part of a statute shall distinguish. Ubi lex non distinguit, nec non distinguere
receive the same interpretation when used in every debemus
other part of the statute, unless a different meaning is Founded on logic, in corollary of the principle that general
intended. Likewise, when a word or phrase is words and phrases in a statute should ordinarily be accorded
repeatedly used in a statute, it will, as a rule, bear the their natural and general significance. There should be no
same meaning throughout the statute distinction in the application of statute where non is indicated.

Reason: It is presumed that a word used in a statute in a given

sense is to be used in the same sense throughout the law. This
is particularly applicable where in the statute the words appear Casse:
near each other physically and particularly where the word has Philippine British Assurance Co. Inc. v. The
technical meaning and that meaning has been defined in the Honorable Intermediate Appellate Court
statute. Juanito Pilar v. COMELEC
People v. Hon. Judge Antonio C. Evangelista and
Meaning of a word qualified by purpose of statute Guido S. Tugonon.
The purpose may indicate whether to give a word or phrase an
ordinary, popular, technical, legal, commercial, restricted, or
expansive meaning. In construing a word or phrase, the court
should adopt that interpretation that accords best with the
manifest purpose of the statute or promotes or realizes the
object.
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Particular words and phrases

OR and AND

OR – is a disjunctive term which indicates an Case:

alternative. Various members of the sentence are to be Dra. Brigida S. Buenseda et. al. v. Secretary Juan
taken separately Flavier
OR is not disjunctive: when the spirit or content of the
law warrants it
AND – is a conjunctive term, it means that the - Ejusdem generis
members of a sentence are to be taken jointly Where a general word or phrase follows an enumeration of
Exception: AND may mean OR if this is the plain particular and specific words of the same class or where the
intention of the legislature which could be gleaned latter follow the former, the general word or phrase should be
from the context of the statute construed to include, or to be restricted to persons, things or
cases akin to, resembling, or of the same kind or class as those
AND/OR specifically mentioned.
Effect shall be given to both the conjunctive AND the
disjunctive OR depending on which one will serve the Illustration:
legislative. Electoral propaganda, gadgets, pens, lighters, fans, flashlights,
athletic goods or materials, and the like. --- exclude taped
jingles.
Cases: Neglect of duty, oppression, corruption, or other forms of
Dayao et. al. v. COMELEC maladministration of office --- exclude those related to personal
CSC v. Saturnino behavior.

SHALL and MAY Cases:

SHALL is imperative. It operates to impose a duty, Republic v. Hon. Eutropio Migrinio and Troadio
which may be enforced. Tecson
MAY is permissive and it operates to confer People v. Hon. Vicente B. Echavez Jr.
jurisdiction. Misael P. Vera v. Cuevas
Concepcion Parayno v. Jose Jovellanos and
Municipality of Calasiao, Pangasinan

Cases:
Purita Bersabal v. Hon. Judge Serafin Salvador
Jenette Marie B. Crisologo v. Globe Telecom Inc. - Expressio unius est exclusio alterius
Loyola Grand Villas Homeowners (South) The express mention of one person, thing, or consequence
Association, Inc. v. CA implies the exclusion of all others. What is expressed puts an
end to that which is implied.
A general expression followed by exceptions therefrom implies
that those which do not fall under the exceptions come within
ALL, EVERY, and ANY the scope of the general expression.
AND SO FORTH The expression of one or more things of a class implies the
AND THE LIKE exclusion of all not expressed, even though all would have been
CANNOT, SHALL NOT implied had none been expressed.
THE FOLLOWING MAY, THE FOLLOWING SHALL

Associated Words Case:

- Noscitur a sociis San Pablo Manufacturing Corporation v. CIR
Where a particular word or phrase is ambiguous in itself or
susceptible of different meanings, its correct construction may
be made clear and specific by considering the company of words
in which it is found or associated. - Doctrine of last antecedent
A qualifying word or phrases should be understood as referring
Eg. In cases of defamation, fraud, physical injuries offended to the nearest antecedent.
party can file separate and independent civil action for damages In the absence of legislative intent to the contrary, preferential
under Art. 33 of the Civil Code. and qualifying words and phrases must be applied only to their
immediate or last antecedent, and not to the remote or
Issue: does it include frustrated murder? preceding words or association of words.
Compiled by: Angel Phyllis P. Prias EH 305 AY 2019-2020

Illustration: - Other Rules:

Tenant – a person who, himself and with the aid available from
within his immediate household, cultivates the land belonging General and Special Terms:
to, or possessed by another
Immediate farm household – members of the family of the
tenant, and such other person or persons, whether related or Case:
not, who are dependent upon him for support and who usually
Colgate-Palmolive Phils. Inc. v. Hon. Pedro M.
help operate the farm enterprise
Gimenez and Ismael Mathay
Qualification of the doctrine:
Where the intention of the law is to apply the phrase to all
antecedents embraced in the provision, the same should be
Use of Negative Words:
made extensive to the whole
Eg. Xxx facilities, improvements, infrastructures and other
forms of development, xxx which are offered and indicated in
Case:
the approved subdivision or condominium plans
Manolo P. Fule v. The Honorable CA

Proviso
Commonly found at the end of a section or provision and is
introduced by “Provided.”
- Reddendo singula singulis
The office of the proviso is either to limit the application of the
Variation of doctrine of last antecedent which means referring
enacting clause, section, or provision of a statute, or to except
each to each. The antecedents and consequences should be read
something therefrom, or to qualify or restrain its generality,
distributivity to the effect that each word is to be applied to the
or to exclude some possible ground of misinterpretation of it,
subject to which it appears by context most appropriately
as extending to cases not intended by the legislature to be
related and to which it is most applicable.
brought within its purview. (generally, not to enlarge it)
Exception: When the legislative intent is to enlarge it:
Illustration:
Eg. “It shall be unlawful for any person for any person to carry
Section 6, Rule 122 of the Rules of Court:
concealed about his person any bowie, knife, dagger, kris, or
“an appeal must be taken within fifteen (15) days from promulgation
other deadly weapon: Provided, that this provision shall not
or notice of the judgment or order appealed from.”
apply to firearms in the possession of persons who have
Issue: when to count the 15-day period, from promulgation or
secured a license therefor or who are entitled to same under
from notice of judgment?
the provisions of this Act.”
Decision: from promulgation of the judgment
Issue: does “other deadly weapon” include an unlicensed
Promulgation refers to judgement whereas notice refers to
firearm concealed about the person?
order.
Answer: Following rule of ejusdem generis, supposedly, it does
not because the enumeration refers to bladed weapons, not
firerams. However, with the proviso, the mention of firearms
implies that an unlicensed firearm is included in the term
“other deadly weapon”
Effect: proviso enlarged the scope of the law

Case: General rule is that proviso qualifies or modifies only the

ALU-TUCP v. NLRC and National Steel Corp. phrase immediately preceding it or restrains or limits the
Acting Commissioner of Customs v. Manila Electric generality of the clause that it immediately follows, not to the
Company and CTA statute itself or to other sections of it.
Danilo E. Paras v. COMELEC Exception: Where the legislative intent is to restrain or qualify
not only the phrase immediately preceding it but also earlier
provisions or even the statute itself as a whole
Exception
Consists of that which would otherwise be included in the
provision from which it is excepted. Clause which exempts
something from the operation of a statute by express words.
Generally expressed by words such as “except”, “unless”,
“otherwise” and “shall not apply”
The function of an exception is neither to color nor to dominate
nor to destroy the general rule. Express mention of exceptions
operates to exclude other exceptions, those which are not
Compiled by: Angel Phyllis P. Prias EH 305 AY 2019-2020

within the enumerated exceptions are deemed included in the

general rule.
Exceptions as a general rule should be strictly but reasonably
construed, they extend only as far as their language fairly
warrant and all doubts should be resolved in favor of the
general provisions.

Case:
Cecilio de Villa v. CA

Exceptions v. Proviso
An exception exempts something absolutely from the
operation of a statute by express words in the enacting clause.
A proviso defeats its operation conditionally.

Saving Clause
A clause in a provision of law which operates to except from
the effect of the law what the clause provides, or to save
something that would otherwise be lost.
Usually used to except or save something from the effect of a
repeal of a statute.
Where existing procedure is altered or substituted by another,
it is usual to save those proceedings pending under the old law
at the time the new law takes effect by means of a saving
clause.