S T A T U T O R Y C O N S T R U C T I O N b y P i l a r e s MIDTERMSCHAPTE

R 1INTRODUCTIONA. Background1. DefinitionJudicial Power

–
vested in the Supreme Courtand such other courts established by law.
“
Theduty of the courts of justice to settle actualcontroversies involving rights which are
legallydemandable and enforceable, and to determinewhether or not there has been grave abuse
of discretion amounting to lack of jurisdiction onany part of any branch or instrumentality of
thegovernment.
”
(1987 Constitution Art. 8 Sec. 1)
Statutory Construction
–
the art or process of discovering or expounding the meaning andintention of the authors of the
law with respect tothe application to a given case, where thatintention is rendered doubtful,
amongst others, byreason of the fact that the given case is notexplicitly provided for in the law.
(CaltexPhilippines Inc. v Palomar)
Legal Hermeneutics
–
the systematic body of rules which are recognized as applicable to theconstruction and
interpretation of legal writings
2. Characteristics of Constructiona. It is an Art or Process
Construction of statutes is not an exactscience. Principles of statutoryconstruction should not be
used if itsapplication will run counter to the clear legislative intent.The canons of construction
should beapplied only as a means of discoveringlegislative intent which is not otherwisemanifest
and should not be permitted todefeat the plainly indicated purpose of the legislature.Construction
is not necessary when thelaw is clear. It is a mistake to assume thatthe judiciary has a single,
unifying andconsistent theory of construction.However, there is a consistent objectiveand
purpose of construction, which is thedetermination of legislative intent.
b. It involves the Determination of Legislative Intent
Primary objective of construction is toascertain and give effect to the intentionof the
legislature.When the courts construe a law, they aremerely affirming what
was originallyintended by the legislature in enacting thesame. (Senarillos v Hermosisima)
The Intent of Statute is the Law.
–
If astatute is valid it is to have effectaccording to the purpose and intent of thelawmaker. (Vol. II
Sutherland, StatutoryConstruction)
c. It is necessary when the LegislativeIntent Cannot Be Readily Ascertainedfrom the
Words Used in the Law asApplied under a Set of Facts.
A cardinal rule in statutory construction
is that when the law is clear and free fromany doubt or ambiguity, there is no roomfor
construction or interpretation. Thereis only room for application.
Tests to determine whether a statute isambiguous:i. Test of Multiple Interpretation
When the statute is capable of two or more reasonable interpretations,such that men of
commonintelligence must necessarily guessat its meaning and differ as to itsapplication.
ii. Test of Impossibility
When literal application isimpossible or inadequate.
iii. Test of Absurdity orUnreasonableness
When a literal interpretation of thestatute leads to an unjust, absurd,unreasonable or mischievous
result,or one at variance with the policy of the legislation as a whole.
d. It is a Judicial Function
The duty and ultimate power to construethe laws is vested in the judicialdepartment, just as the
duty and ultimate
S T A T U T O R Y C O N S T R U C T I O N b y P i l a r e s MIDTERMS
power to legislate is vested in thelegislature (In re: R. McCulloch Dick)Defining and
interpreting the law is a judicial function and the legislative branch may not limit or restrict the
power granted to the courts by the Constitution.
3. Purpose
The purpose of all rules or maxims as to theconstruction or interpretation of statutes is todiscover
the true intention of the law.
4. Theories of InterpretationTextualist Theory
–
the words in the statutetakes precedence over any other modes of construction. Ordinary or plain
meaning of construction should control its interpretation
Intentionalism
–
focuses on legislative intent.Unlike textualism, intentionalism does notrequire the establishment
of ambiguity. Originalintent of framers of the law should have primacyin the determination of its
meaning.
Purposivism or Legal Process Theory
–
focuseson determining the problem that the legislature isseeking to address. Interpretation is
made with aview to the public policy that the statute seeks toadvance.
B. Related Legal Principles1. Separation of Powers

The government consist of three great branches,the executive, legislative, and

the judiciarygoverned by the principles of separation of powers and checks and balances.Under
the principle of separation of power, theConstitution vests in the legislative the power toenact
laws, in the executive the power to executelaws, and in the judiciary the power
to interpretlaws.Legislative intent must be determined from thelanguage of the statute itself. An
obscurity cannot be created to be cleared up by construction andhidden meanings at variance
with the languageused cannot be sought out. To depart from themeaning expressed by the words
is to alter thestatute, is to legislate not to interpret. (Tanada vYulo)If public interest demands a
reversion to the policy embodied in the Revised AdministrativeCodt, this may be done through
legislative process, not by judicial decree. (NAMARCO vTecson)
2. Hierarchy of Laws
The Philippine Constitution
is supreme over all laws
, and as such, acts of Congress, executiveagencies exercising quasi-legislative functionsand local
legislative bodies must be consistentwith the Constitution.
3. Stare Decisis
Stare decisis et non quieta non movere
–
follow past precedents and do not disturb what has beensettledJudicial decisions applying or
interpreting thelaws or the Constitution shall form part of thelegal system of the Philippines.
(Art. 8 CivilCode)The principle is one of policy grounded on thenecessity for securing certainty
and stability in judicial decisions. Factual circumstances of the precedent and the case to which it
is applied must be substantially the same.
Legis interpretation legis vim obtinet
–
interpretation placed upon the written law by acompetent court has the force of law.Supreme
Court has the last word on what the lawis,
final arbiter of judicial controversy
.
CHAPTER 2 SUBJECT MATTER OF CONSTRUCTION

A. Subject of Construction; Types of Law

1. Constitution
Constitutional law –that branch of public law of a state which treats of
the organization and frame of government, the organs and powers of sovereignty, the
distribution of political and governmental authorities and functions, the fundamental
principles which are to regulate the relations of government and subject, and
which prescribes generally the plan and method according to which the public affairs of the
state are to be administered.

Philippine Constitution
-basic and paramount law to which all other laws must conform and to which all persons,
including the highest officials of the land, must defer. Any act of the government or of a public
official or employee
contrary to the Constitution is illegal, null, and void.

2. Statutes

Legislative power- is the power to make alter and repeal laws. vested in Congress. The
Constitution also reserves in favor of the people the exercise of legislative powers through
initiative and referendum. (CONST. Art. 6 Sec. 1) Legislations are issued in the form of republic
acts. Presidential Decree (martial law), Executive Orders (Freedom constitution)
Legislative Process:
 Introduction of a bill by a Member of Congress. Initiated in either House except for
appropriation, revenue or tariff, increasing public debt, local application, and private bills
(CONST Art. 6, Sec 24)
 Bil must go through three readings in both houses of Congress (CONST Art. 6, Sec.
26(2))
 In case the version of the bill on boathouses is compatible the final version shall be
printed. In cases of differences, bicameral conference committee to reconcile
conflicting provisions.
  After the bill is passed by both chambers without any conflict, the final enrolled form is
submitted to the President Actions of the President: sign bill into law, not sign and allow
it to lapse into law after 30 days, veto and send back with veto message (can be reversed
by 2/3vote of all members of Congress)
 President shall have power to veto any particular item or items but the veto shall
not affect the item or items to which he does not object
 Law shall take effect within 15 days after its publication in a newspaper of general
circulation, unless a different period for effectivity after publication is provided in the
law.

3. Presidential Issuances
Executive power includes the President’s ordinance powers which is inherent to
ensure that laws are faithfully executed.

President can enact the following :

 Executive Orders- rules of a general or permanent character in the
implementation or execution of constitutional or statutory powers
 Administrative Orders- act which relate to a particular aspect of governmental
operations.
 Proclamations- fixing a date or declaring a status or condition of public moment
or interest.
 Memorandum Orders- matters of administrative detail or of subordinate
or temporary interest.
 Memorandum Circulars- matter relating to internal administration.
 General or Special Orders- acts or commands in capacity as Commander in-Chief.

4. Implementing Rules and Regulations

 Issued by executive agencies tasked with the implementation of laws passed
by congress.
 Enacted by administrative agencies in the exercise of their quasi-legislative or
rulemaking powers.
 Courts employ two test to determine validity of the delegation of legislative
power:
i. Completeness test – law must be complete in all its terms and conditions when
it leaves the legislature such that when it reaches the delegate the only thing to
be done is to enforce it.
ii. Sufficient standard test- there should be adequate guidelines or standards or
limitations in the law.
5. Ordinances
 Every LGU shall exercise the powers expressly granted, those necessarily implied
therefrom, as well as powers necessary, appropriate, or incidental for its efficient
and effective governance, and those which are essential to the promotion of the
general welfare. (Local Government Code)

B. Parts of a Statute
1. Title
  Part of the law that provides the name by which it is individually known• Every
bill passed by Congress shall embrace only one subject which shall be expressed
in the titled thereof. (CONST. Art. 6, Sec.26(1))
2. Preamble
 Introductory part of a statute that usually states the reasons and intent of the law.
 Prefatory explanation or statement often commencing with the word ‘whereas’
which purports to state the reason or occasion for making a law or to explain in
general terms the policy of the enactment.
 Statements regarding the scope and purpose of a stature that appear in the
preamble may aid the construction of doubtful or ambiguous provisions of a
statute, but they cannot be used to control the substantive provisions of a statute.
3. Enacting Clause
 Declares enactment and identifies for the government body that enacted the
statute or regulation.
4. Body
 Contains the part of the statute which contains the operative parts,
thereof, particularly its substantive and procedural provisions. Main subject
matter of statutory construction
 Short Title
- Simple and easy designation
 Definition of Terms
- Definition of words used in the statute
- Control its interpretation
 Policy Section
- Enumerates objectives of statute. Also serve as guides as to how to
interpret and enforce.
 Substantive Provisions
- Sets forth rights, powers, privileges, and immunities of persons
benefited or regulated
 Penal Clause
- Sets forth the sanctions. May be civil, administrative, or criminal.
 Administrative Section
- Includes the manner it will be implemented, including creation of
administrative agencies and enumerating its powers and responsibilities
5. Headnotes and Epigraphs
 Short statements that generally describe the body of the provision to which they
are attached to. Usually nothing more than convenient index to the contents of the
body.
6. Repealing Clause
 Part of the statute which identifies the prior statutes or parts thereof which are
deemed repealed or abrogated by reason of enactment of new statute. May
be express or implied.
 Saving clause is a clause in a statute exempting something from the
statute’s coverage or operation.
7. Separability Clause
  Part of a statute which makes the statute’s parts or provisions severable so that
one part can be invalidated without invalidating the whole.

GENERAL RULE: if a part of a statute is invalidated, the other portions, if

separable from the invalid portion, may stand and be enforced.

Enough must remain to make a complete, intelligible, and valid statute.

EXCEPTION: if parts of the statute are so mutually dependent and connected, as
conditions, considerations, inducements, or compensations for each other, as to
warrant a belief that the legislature intended them, the nullity of one part will
vitiate the rest. Presumption of separability will not apply.
8. Effectivity Clause
 Part of statute which announces the date of its effectivity.
 Laws shall take effect after fifteen days following the completion of their
publication in the OfficialGazette or a newspaper of general circulation unless it is
otherwise provided. (Art. 2, Civil Code)
 The clause ‘unless it is otherwise provided’ refers to the date of effectivity and not
to the requirement of publication itself, which cannot in any event be omitted.
(Tanada v Tavera)

CHAPTER 3VERBA LEGIS AND RATIO LEGIS; MEANINGAND INTENTA. Verba

Legis
Plain meaning rule
–
if the statute is clear, plain andfree from ambiguity, it must be given its literalmeaning and
applied without interpretation.Legislative intent is determined principally from thelanguage of a
statute. Where the language of a statuteis clear and unambiguous, the law is appliedaccording to
its express terms, and interpretationwould be resorted only to where a literalinterpretation would
be either impossible, absurd or would lead to an injustice. (Ramirez v Garcia)
B. Ratio Legis
Ratio legis et anima
–
the reason of the law is the soulof the law.
“
A statute must be read according to itsspirit or intent, and that what is within the spirit iswithin
the statue although it is not within its letter, andthat which is within the letter but not within the
spiritis not within the statute.
”
C. Framework
Verba Legis and Ratio Legis should be viewed as
complementary principles of construction that should be utilized
in order to determine the meaning andintent of a statutory provision.In any case requiring the
interpretation of a legal provision, verba legis should be the starting point. Itis only after it is
shown and established that the statuteis ambiguous, by applying the tests of ambiguity, thatthe
courts should abandon verbal egis and apply ratiolegis in order to determine true intent
of thelegislature.
D. Legislative Error; Enrolled Bill
Clerical errors committed by the legislature may also be the subject matter of statutory
construction.In thus holding, the Court are not exactly indulging in judicial legislation. They are
merely endeavoring torectify and correct a clearly clerical error in thewording of a statute, in
order to give due course andcarry out the evident intention of the Legislature. Thisthe Courts
should and can validly do. (Lopez & Sonsv Court of Tax Appeals)Enrolled bill doctrine
–
principle of interpretationwhich provides that the bill duly signed by the SenatePresident and
Speaker of the House and thesecretaries of said bodies, it shall be conclusive proof of the
provisions of such act and due enactmentthereof.•
A bill is enrolled when:
o Printed and finally approved byCongresso Authenticated with the sig. of SenatePresident,
Speaker of the House andsecretariesIf there has been any mistake in the printing of the bill
before it was certified by the officers of Congressand approved by the Executive
–
on which we cannotspeculate, without jeopardizing the principle of separation of powers and
undermining one of thecornerstones of our democratic system
–
the remedyis by amendment or curative legislation, not by judicial decree. (Casco Chemical Co.
Inc., vGimenez et.al.)In view of the withdrawal of the signatures of theSenate President and
Speaker of the House, theCourt concluded that R.A. No. 4065 was not dulyenacted and did not
become law. (Astorga vVillegas)
S T A T U T O R Y C O N S T R U C T I O N b y P i l a r e s MIDTERMSCHAPT
ER 4PRINCIPLES OF CONSTRUCTIONA. General Principles of Construction1. Law
Construed as a Whole
- A law must be construed as a whole and thewords, phrases and clauses in a law shouldnot be
studied in isolation but rather analyzedin light of the other cognate provisions of thestatute in
order to understand the meaningattached to them by the legislature- Animated by one general
purpose and intent
2. Presumption of Justice
In case of doubt in the interpretation of laws, it is presumed that the lawmaking body
intended rightand justice to prevail. (Art 10, Civil Code)
3. Construction Consistent with the Constitution
Statutes must be construed in a manner consistentwith the Constitution. All reasonable
doubtsshould be resolved in favor of theconstitutionality of a statute, considering that alllaws
have in their favor the presumption of constitutionality.
4. Construction to Render Provisions Effective
A statute must be construed in such a way so asto render it effective.
Ut Res Magis Valeat Quam Pereat
–
the thingmay rather have effect than be destroyed. Careshould be taken that every part thereof
is giveneffect, based on the theory that the statute wasenacted as an integrated measure and not
as ahodge-podge of conflicting provisions
B. Legislative Policies and Presumptions
Interpretation of statutory provisions can also beaffected by the type of statute involved
1. Penal Laws
Nullum crimen nulla poena sine lege
–
there is nocrime where there is no law punishing it

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Penal laws are to be liberally construed in favor of the accused.

2. Tax Laws
A statute will not be construed as imposing a taxunless it does so
“
clearly, expressly,unambiguously
”
. (Commissioner of InternalRevenue v CA)In case of doubt,
tax laws must be construed strictly against the government and in favor of thetaxpayer.
However, the burden shifts to thetaxpayer to establish the basis for exemption.(
Commissioner of Internal Revenue v SM PrimeHoldings inc.)When local government invoke the
power to taxon national government instrumentalities, such power is construed strictly against
localgovernments.Another rule is that a tax exemption is strictlyconstrued against the taxpayer
claiming theexemption. However, when Congress grants anexemption to a national
governmentinstrumentality from local taxation, suchexemption is construed liberally in favor of
thenational government instrumentality.
3. Social Legislation
All doubts in the implementation andinterpretation of the provisions of the Labor Codeincluding
its IRR shall be resolved in favor of labor. (Art. 4, P.D. No. 442, Labor Code of thePhilippines)
4. Rules of Court
Liberally construed
in order to promote their objective securing a just, speedy, and inexpensivedisposition of every
action and proceeding.Litigations must be decided on their merits andnot on technicality. It is far
better and more prudent course of action for the court to excuse atechnical lapse and afford the
parties a review of the case on appeal to attain the ends of justicerather than dispose of the case
on technicality andcause a grave injustice to the parties. (Paz ReyesAguam v CA)
5. Adoption Laws
Being humane and salutary in nature are to be
liberally construed on account of the “beneficient purpose of adoption”.
The interest and welfare of the adopted child should be primary and paramount consideration and
every reasonableintendment should be sustained to promote andfulfill the noble
and compassionate objectives of adoption statutes.
S T A T U T O R Y C O N S T R U C T I O N b y P i l a r e s MIDTERMS6. Local
Autonomy
(a) Any provision on a power of a LGU shall beliberally interpreted in its favor, and in caseof
doubt, any question thereon shall beresolved in favor of devolution of powers andof the LGU.(b)
In case of doubt, any tax ordinance or revenue measure shall be strictly against theLGU enacting
it, and liberally in favor of thetaxpayer. Any tax exemption, incentive or relief granted shall
be construed strictlyagainst the person claiming it.(c) The general welfare provisions of the
LocalGovernment Code shall be liberallyinterpreted to give more powers to LGUs inaccelerating
economic development andupgrading the quality of life for the people inthe community.
7. Naturalization Laws
Construed strictly and doubts thereof areresolved against the applicant.
It should berigidly enforced and strictly construed in favor of government. Naturalization is not a
matter of right, but one of privilege of the most discriminating, as well asdelicate and exacting
nature, affecting as it does, public interest of the highest order, and whichmay be enjoyed only
under the precise conditions prescribed by law. Namely, substantial andformal/procedural.
8. Election Laws
Construed liberally
“
to end that the will of the people in the choice of public officials may not be defeated by mere
technical objections.
”
9. Prescriptive Periods
Statutes of limitation are to liberally construed in favor of the defendant,
not only because suchliberality of construction belongs to all acts of amnesty and grace, but
because the veryexistence of the statute is a recognition andnotification by legislature of the fact
that time,while it gradually wears out proofs andinnocence, has assigned to it fixed and
positive periods in which it destroys proofs of guilt.(People v Moran)10. Constitutional
Constrictiona) Framework Supreme Court adopted the basic principles of statutory construction
in theinterpretation of the Constitutiono
First, verba legis,
wherever possiblethe words used in the Constiutionmust be given their ordinary meaningexcept
when technical terms areemployed.o
Second, where there is ambiguity,ratio legis est anima,
in accordancewith the itent of its framerso
Finally, ut magis valeat quampereat
, The Constitution is to beinterpreted as a whole.The David decision principles of Constitutional
construction:1. Verba legis2. Read in relation with the entirety of the Constitution3. One must
also look into: (a) jurisprudence; (b) evolution of thetext4. Contemporaneous construction
must be resorted to when language used in

the Constitution is capable of multiple interpretations.5. Supposed intent of the framers

of theConstitution (weakest approach inConstitutional construction)
b) Self-Executing vs Non-Self ExecutingProvisions
GENERAL RULE: Provisions of theConstitution are intended to be selfexecutingException:
Expressly provided that alegislative act is necessary to enforce aconstitutional mandate
C. Administrative Construction
The power of administrative agencies to construestatutes can be exercised both in its rulemaking
power and at times, quasi-judicial power.
Doctrine of Judicial Respect for AdministrativeConstruction
- Construction of ambiguous provisions of statutes by administrative agencies tasked
withimplementing them are entitled to great weightand respect by the courts, unless it is contrary
tolaw or manifestly erroneous.
S T A T U T O R Y C O N S T R U C T I O N b y P i l a r e s MIDTERMS
Instances when the courts may set aside the actions of administrative agencies(Peralta v CSC):(a)
Error of law(b) Abuse of power (c) Lack of jurisdiction(d) Grave abuse of
discretionAdministrative construction is unwarranted if the law isunambiguous, primarily
because an administrativeagency is precluded from restricting or enlarging themeaning of
a legislative enactment.
CHAPTER 5CONSTRUCTION OF WORDS AND PHRASES INA STATUTEA.
Construction of Contents of a Statute; Words andPhrases; Punctuation1. General Words
Construed Generally
General words in a statute are to be understood intheir general senseOrdinary words are to be
understood in their ordinary sense
Ubi lex non distinguit nec nos distinguiredebemos
–
where the law does not distinguish,neither do we distinguish
Generalia verba sunt generaltier intelligenda
–
the law does not make a distinction prevents usfrom making one
2. Provisos
An article or clause in a statute that introduces aconditionA proviso shall be confined to that
which directly precedes it, or the section to which it has beenappended, unless it clearly appears
that thelegislature intended it to have a wider scope.
3. Ordinary Words Understood in OrdinarySense, Technical Words in Technical Sense
GENERAL RULE: Words of a statute must betaken in their
“
natural, plain and ordinarysignification in accordance with the common andapproved usage of
the language
”
and that theymust be given
“
their popularly acceptedmeaning.
”
Exception: Words may have a different meaningwhen it is used in a specific context of a
specialsubject
4. Generic Words and Progressive ConstructionDoctrine of Progressive Construction
Laws should be progressively construed, so thatthey may meet new conditions, so long
as theyfall within the general purpose of the legislature.(Diuquino v Araneta)It is a rule of
statutory construction thatlegislative enactments in general andcomprehensive terms prospective
in operation,apply alike to all persons, subjects and businesswithin their general purview and
scope cominginto existence subsequent to their passage.
5. Punctuation Marks
Generally considered as
weak indicators
of legislative intent. Most of the time usedstylistically rather than to express a certain intent.An
argument based upon punctuation alone is notconclusive, and the courts will not hesitate
tochange the punctuation, when necessary, to giveto the Act the effect intended by the
Legislature,disregarding superfluous or incorrect punctuationmarks, and inserting others where
necessary. (USv Hart)
6. Use of Specific Wordsa) And/Or
GENERAL RULE:
“
and
”
is interpretedas conjunctive, while
“
or
”
denotes adisjunctive relationshipException: if the use of the word does notnecessarily signify a
such relationship if such interpretation will be contrary to theclear legislative intent (Microsoft
vManansala)1. When the law uses the phrase
“
and/or
”
this effectively means
“
andor or
”
2. When the law uses the word
“
and/or
”
unless the law gives executiveagency the choice, the agency mustalso use
“
and/or
”
in the IRR (RMBSA v Home DevelopmentFund)
b) Mandatory and Permissive Words;Shall/May
GENERAL RULE:
“
shall
”
meansmandatory;
“
may
”
means permissive
S T A T U T O R Y C O N S T R U C T I O N b y P i l a r e s MIDTERMSc)
Including/Involving
The use of the word
“
including
”
followed by an enumeration generally denotes thatthe enumeration is not exclusive.The principle
expression unius estexclusio alterius is inapplicable when theenumeration is by way of example
only,

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or when enumeration is prefaced with thewords

“
including: or
“
involving.
”
(Sterling Selections Corporation vLLDA)
d) Affirmative and Prohibitory
Under the rule of statutory construction,negative words and phrases are to beregarded as
mandatory while those in theaffirmative are to be regarded asmandatory
e) Exceptions
The enumeration is exclusive, for,necessarily, the general rule applies to allcases not falling
under any of the threeexceptions.When the statute itself enumerates theexceptions to the
application of thegeneral rule, the exceptions are strictly but reasonably construed. (Lokin
vCOMELEC)
f) Periods
Art.13, Civil Code. When the law speaksof:▪ Years (365 days)▪ Months (30 days)▪ Days (24
hours)▪ Nights (sunset to sunrise)▪ Months designated by name,number of days they
respectivelyhave▪ Computing a period, first dayexcluded & last day includedSec. 31 of Revised
Administrative Codeof 1987, which amended the Civil Code provides:Legal Periods.
–‘
Year
’
shall beunderstood to be twelve calendar months;
‘
month
’
of thirty days, unless itrefers to a specific calendar month inwhich case it shall be
computedaccording to the number of days thespecific month contains;
‘
day
’
to a day of twenty-four hours; and
‘
night
’
fromsunset to sunrise. (National MarketingCorp. v Tecson)
g) Plural Words and Singular Words
A provision of a statute that applies to persons or things in plural form may also be applied to the
same person or thing insingular form
B. Association and Relationship of Words, Phrases,Provisions1. Noscitur a SociisDoctrine
of associated words –
where a particular word or phrase in a statement isambiguous in itself or is equally susceptible
of various meanings, its true meaning may be madeclear or specific by considering the company
inwhich it is found or with which it is associated
2. Ejusdem Generis
-
Of the same kind, class or nature
- General words follow a designation of particular subjects or classes of persons, the meaning of
thegeneral words will be ordinarily presumed to berestricted by the particular designation, and
toinclude only things or persons of the same kind,class or nature- The purpose of the rule on
ejusdem generis is togive effect to both the particular and generalwords, by treating the particular
words asindicating the class and the general words asincluding all that is embraced in said
class,although not specifically named by the particular words. (NAPOCOR v Angas)
The rule of ejusdem generis does not apply in the following
(Commissioner of Internal Revenue vAmerican Express International Inc):(a) When there is
a clear legislative intent to thecontrary(b) Items specifically enumerated do notconstitute a
readily discernible class and are patently not of the same kind(c) Provision is also qualified by
phrases whichclearly shows that the enumeration is by wayof example only
S T A T U T O R Y C O N S T R U C T I O N b y P i l a r e s MIDTERMS
Requisites for the rule of ejusdem generis to apply
(Belgica v Ochoa, Carpio concurring):(a) Statute contains an enumeration of particular and
specific words, followed by a generalword or phrase;(b) The particular and specific words
constitute aclass or are of the same kind(c) The enumeration of the particular andspecific words
is not exhaustive or is notmerely by examples(d) There is no indication of legislative intent
togive the general words or phrases a broader meaning
3. Express Mention and Implied Exclusion
Express mention of one thing in law, as a generalrule, means the exclusion of others not
expresslymentioned.Purpose: limit the coverage of a legal provision tothose expressly mentioned
therein.When people say one thing, they do not meansomething else.When not applicable
(Primero v CA):(a) No reason exists as to why other things notenumerated should be excluded(b)
Other circumstances indicate that theenumeration is not intended to be exclusiveor where
enumeration is by way of exampleonly(c) Where the doctrine of necessary implicationapplies
4. Necessary Implication
What is implied in a statute is as much a parttherof as that which is expressed. Every statute
isunderstood, by implication, to contain all such provisions as may be necessary to effectuate
itsobject and purpose, or to make effective rughts, powers, privileges or jurisdiction which it
grants,
including all such collateral and subsidiaryconsequences as may be fairly and logicallyinferred
from its terms.
5. Casus Omissus
Cassus omissus pro omisso habendus est
–
a person, object or thing enumerated from anenumeration must be held to have been
omittedintentionallyCan operate and apply only if and when theomission has been clearly
established. (People vManantan)
6. Each to Each
Reddendo singula singulis
–
words in different parts of a statute must be referred to their appropriate connection, giving to
each in its place, its proper force and effect, and if possible,rendering none of them useless or
superfluous,even if strict grammatical construction demandsotherwise.
7. Qualifying Terms; Last AntecedentDoctrine of last antecedent;
ad proximum antecedens fiat relatio nisiimpediatur sentencia –
relative words refer to thenearest antecedent, unless it be prevented by thecontext.When
qualifying word or phrase is separatedfrom the antecedents by a comma, this can beconstrued to
mean that the qualifier is supposedto apply to all antecedents instead of only theimmediately
preceding one.
8. Context and Related Clauses
Every part of the statute must be interpreted withreference to the context, i.e, that every part of
thestatute must be considered together with the other parts, and kept subservient to the general
intent of the whole enactment.