STATUTORY CONSTRUCTION by Pilares Construction)

MIDTERMS c. It is necessary when the Legislative

CHAPTER 1 Intent Cannot Be Readily Ascertained
INTRODUCTION from the Words Used in the Law as
A. Background Applied under a Set of Facts.
1. Definition A cardinal rule in statutory construction
Judicial Power – vested in the Supreme Court is that when the law is clear and free from
and such other courts established by law. “The any doubt or ambiguity, there is no room
duty of the courts of justice to settle actual for construction or interpretation. There
controversies involving rights which are legally is only room for application.
demandable and enforceable, and to determine Tests to determine whether a statute is
whether or not there has been grave abuse of ambiguous:
discretion amounting to lack of jurisdiction on i. Test of Multiple Interpretation
any part of any branch or instrumentality of the When the statute is capable of two or
government.” (1987 Constitution Art. 8 Sec. 1) more reasonable interpretations,
such that men of common
Statutory Construction – the art or process of intelligence must necessarily guess
discovering or expounding the meaning and at its meaning and differ as to its
intention of the authors of the law with respect to application.
the application to a given case, where that ii. Test of Impossibility
intention is rendered doubtful, amongst others, by When literal application is
reason of the fact that the given case is not impossible or inadequate.
explicitly provided for in the law. (Caltex iii. Test of Absurdity or
Philippines Inc. v Palomar) Unreasonableness
When a literal interpretation of the
Legal Hermeneutics – the systematic body of statute leads to an unjust, absurd,
rules which are recognized as applicable to the unreasonable or mischievous result,
construction and interpretation of legal writings or one at variance with the policy of
the legislation as a whole.
2. Characteristics of Construction d. It is a Judicial Function
a. It is an Art or Process The duty and ultimate power to construe
Construction of statutes is not an exact the laws is vested in the judicial
science. Principles of statutory department, just as the duty and ultimate
construction should not be used if its STATUTORY CONSTRUCTION by Pilares
application will run counter to the clear MIDTERMS
legislative intent. power to legislate is vested in the
The canons of construction should be legislature (In re: R. McCulloch Dick)
applied only as a means of discovering Defining and interpreting the law is a
legislative intent which is not otherwise judicial function and the legislative
manifest and should not be permitted to branch may not limit or restrict the power
defeat the plainly indicated purpose of granted to the courts by the Constitution.
the legislature. 3. Purpose
Construction is not necessary when the The purpose of all rules or maxims as to the
law is clear. It is a mistake to assume that construction or interpretation of statutes is to
the judiciary has a single, unifying and discover the true intention of the law.
consistent theory of construction. 4. Theories of Interpretation
However, there is a consistent objective Textualist Theory – the words in the statute
and purpose of construction, which is the takes precedence over any other modes of
determination of legislative intent. construction. Ordinary or plain meaning of
b. It involves the Determination of construction should control its interpretation
Legislative Intent Intentionalism – focuses on legislative intent.
Primary objective of construction is to Unlike textualism, intentionalism does not
ascertain and give effect to the intention require the establishment of ambiguity. Original
of the legislature. intent of framers of the law should have primacy
When the courts construe a law, they are in the determination of its meaning.
merely affirming what was originally Purposivism or Legal Process Theory – focuses
intended by the legislature in enacting the on determining the problem that the legislature is
same. (Senarillos v Hermosisima) seeking to address. Interpretation is made with a
The Intent of Statute is the Law. – If a view to the public policy that the statute seeks to
statute is valid it is to have effect advance.
according to the purpose and intent of the B. Related Legal Principles
lawmaker. (Vol. II Sutherland, Statutory 1. Separation of Powers
The government consist of three great branches, Philippine Constitution – basic and paramount
the executive, legislative, and the judiciary law to which all other laws must conform and to
governed by the principles of separation of which all persons, including the highest officials
powers and checks and balances. of the land, must defer.
Under the principle of separation of power, the Any act of the government or of a public official
Constitution vests in the legislative the power to or employee contrary to the Constitution is
enact laws, in the executive the power to execute illegal, null, and void.
laws, and in the judiciary the power to interpret 2. Statutes
laws. Legislative power is the power to make alter and
Legislative intent must be determined from the repeal laws. vested in Congress. The Constitution
language of the statute itself. An obscurity cannot also reserves in favor of the people the exercise
be created to be cleared up by construction and of legislative powers through initiative and
hidden meanings at variance with the language referendum. (CONST. Art. 6 Sec. 1)
used cannot be sought out. To depart from the Legislations are issued in the form of republic
meaning expressed by the words is to alter the acts. Presidential Decree (martial law), Executive
statute, is to legislate not to interpret. (Tanada v Orders (Freedom constitution)
Yulo) Legislative Process:
If public interest demands a reversion to the • Introduction of a bill by a Member of
policy embodied in the Revised Administrative Congress. Initiated in either House
Codt, this may be done through legislative except for appropriation, revenue or
process, not by judicial decree. (NAMARCO v tariff, increasing public debt, local
Tecson) application, and private bills (CONST.
2. Hierarchy of Laws Art. 6, Sec 24)
The Philippine Constitution is supreme over all • Bil must go through three readings in
laws, and as such, acts of Congress, executive both houses of Congress (CONST Art. 6,
agencies exercising quasi-legislative functions Sec. 26(2))
and local legislative bodies must be consistent • In case the version of the bill on both
with the Constitution. houses is compatible the final version
3. Stare Decisis shall be printed. In cases of differences,
Stare decisis et non quieta non movere – follow bicameral conference committee to
past precedents and do not disturb what has been reconcile conflicting provisions.
settled • After the bill is passed by both chambers
Judicial decisions applying or interpreting the without any conflict, the final enrolled
laws or the Constitution shall form part of the form is submitted to the President
legal system of the Philippines. (Art. 8 Civil o Actions of the President: sign
Code) bill into law, not sign and allow
The principle is one of policy grounded on the it to lapse into law after 30 days,
necessity for securing certainty and stability in veto and send back with veto
judicial decisions. Factual circumstances of the message (can be reversed by 2/3
precedent and the case to which it is applied must vote of all members of Congress)
be substantially the same. o President shall have power to
Legis interpretation legis vim obtinet – veto any particular item or items
interpretation placed upon the written law by a but the veto shall not affect the
competent court has the force of law. item or items to which he does
Supreme Court has the last word on what the law not object
is, final arbiter of judicial controversy. • Law shall take effect within 15 days after
STATUTORY CONSTRUCTION by Pilares its publication in a newspaper of general
MIDTERMS circulation, unless a different period for
CHAPTER 2 effectivity after publication is provided
SUBJECT MATTER OF CONSTRUCTION in the law
A. Subject of Construction; Types of Law 3. Presidential Issuances
1. Constitution Executive power includes the President’s
Constitutional law – that branch of public law of ordinance powers which is inherent to ensure that
a state which treats of the organization and frame laws are faithfully executed.
of government, the organs and powers of President can enact the following –
sovereignty, the distribution of political and • Executive Orders – rules of a general or
governmental authorities and functions, the permanent character in the
fundamental principles which are to regulate the implementation or execution of
relations of government and subject, and which constitutional or statutory powers
prescribes generally the plan and method • Administrative Orders – act which relate
according to which the public affairs of the state to a particular aspect of governmental
are to be administered. operations
• Proclamations – fixing a date or government body that enacted the statute or
declaring a status or condition of public regulation
moment or interest 4. Body
• Memorandum Orders – matters of • Contains the part of the statute which
administrative detail or of subordinate or contains the operative parts, thereof,
temporary interest particularly its substantive and procedural
• Memorandum Circulars – matter relating provisions. Main subject matter of statutory
to internal administration construction
• General or Special Orders – acts or o Short Title
commands in capacity as Commanderin- ▪ Simple and easy designation
Chief o Definition of Terms
4. Implementing Rules and Regulations ▪ Definition of words used in
• Issued by executive agencies tasked with the the statute
implementation of laws passed by congress ▪ Control its interpretation
STATUTORY CONSTRUCTION by Pilares o Policy Section
MIDTERMS ▪ Enumerates objectives of
• Enacted by administrative agencies in the statute. Also serve as guide
exercise of their quasi-legislative or rulemaking as to how to interpret and
powers enforce
• Courts employ two test to determine validity o Substantive Provisions
of the delegation of legislative power: ▪ Sets forth rights, powers,
o Completeness test – law must be privileges, and immunities
complete in all its terms and of persons benefited or
conditions when it leaves the regulated
legislature such that when it reaches o Penal Clause
the delegate the only thing to be done ▪ Sets forth the sanctions. May
is to enforce it be civil, administrative, or
o Sufficient standard test – there criminal
should be adequate guidelines or o Administrative Section
standards or limitations in the law ▪ Includes the manner it will
5. Ordinances be implemented, including
• Every LGU shall exercise the powers creation of administrative
expressly granted, those necessarily implied agencies and enumerating its
therefrom, as well as powers necessary, powers and responsibilities
appropriate, or incidental for its efficient and 5. Headnotes and Epigraphs
effective governance, and those which are • Short statements that generally describe the
essential to the promotion of the general body of the provision to which they are
welfare. (Local Government Code) attached to. Usually nothing more than
B. Parts of a Statute convenient index to the contents of the body
1. Title 6. Repealing Clause
• Part of the law that provides the name by • Part of the statute which identifies the prior
which it is individually known statutes or parts thereof which are deemed
• Every bill passed by Congress shall embrace repealed or abrogated by reason of enactment
only one subject which shall be expressed in of new statute. May be express or implied.
the titled thereof. (CONST. Art. 6, Sec. • Saving clause is a clause in a statute
26(1)) exempting something from the statute’s
2. Preamble coverage or operation.
• Introductory part of a statute that usually 7. Separability Clause
states the reasons and intent of the law • Part of a statute which makes the statute’s
• Prefatory explanation or statement often parts or provisions severable so that one part
commencing with the word ‘whereas’ which can be invalidated without invalidating the
purports to state the reason or occasion for whole
making a law or to explain in general terms GENERAL RULE: if a part of a statute is
the policy of the enactment invalidated, the other portions, if separable from
• Statements regarding the scope and purpose the invalid portion, may stand and be enforced.
of a stature that appear in the preamble may STATUTORY CONSTRUCTION by Pilares
aid the construction of doubtful or ambiguous MIDTERMS
provisions of a statute, but they cannot be Enough must remain to make a complete,
used to control the substantive provisions of intelligible, and valid statute.
a statute Exception: if parts of the statute are so mutually
3. Enacting Clause dependent and connected, as conditions,
Declares enactment and identifies for the considerations, inducements, or compensations
for each other, as to warrant a belief that the secretaries of said bodies, it shall be conclusive proof
legislature intended them as a whole, the nullity of the provisions of such act and due enactment
of one part will vitiate the rest. Presumption of thereof.
separability will not apply • A bill is enrolled when:
8. Effectivity Clause o Printed and finally approved by
Part of statute which announces the date of its Congress
effectivity. o Authenticated with the sig. of Senate
Laws shall take effect after fifteen days following President, Speaker of the House and
the completion of their publication in the Official secretaries
Gazette or a newspaper of general circulation If there has been any mistake in the printing of the
unless it is otherwise provided. (Art. 2, Civil bill before it was certified by the officers of Congress
Code) and approved by the Executive – on which we cannot
The clause ‘unless it is otherwise provided’ refers speculate, without jeopardizing the principle of
to the date of effectivity and not to the separation of powers and undermining one of the
requirement of publication itself, which cannot in cornerstones of our democratic system – the remedy
any event be omitted. (Tanada v Tuvera) is by amendment or curative legislation, not by
CHAPTER 3 judicial decree. (Casco Chemical Co. Inc., v
VERBA LEGIS AND RATIO LEGIS; MEANING Gimenez et.al.)
AND INTENT In view of the withdrawal of the signatures of the
A. Verba Legis Senate President and Speaker of the House, the
Plain meaning rule – if the statute is clear, plain and Court concluded that R.A. No. 4065 was not duly
free from ambiguity, it must be given its literal enacted and did not become law. (Astorga v
meaning and applied without interpretation. Villegas)
Legislative intent is determined principally from the STATUTORY CONSTRUCTION by Pilares
language of a statute. Where the language of a statute MIDTERMS
is clear and unambiguous, the law is applied CHAPTER 4
according to its express terms, and interpretation PRINCIPLES OF CONSTRUCTION
would be resorted only to where a literal A. General Principles of Construction
interpretation would be either impossible, absurd or 1. Law Construed as a Whole
would lead to an injustice. (Ramirez v Garcia) - A law must be construed as a whole and the
B. Ratio Legis words, phrases and clauses in a law should
Ratio legis et anima – the reason of the law is the soul not be studied in isolation but rather analyzed
of the law. “A statute must be read according to its in light of the other cognate provisions of the
spirit or intent, and that what is within the spirit is statute in order to understand the meaning
within the statue although it is not within its letter, and attached to them by the legislature
that which is within the letter but not within the spirit - Animated by one general purpose and intent
is not within the statute.” 2. Presumption of Justice
C. Framework In case of doubt in the interpretation of laws, it is
Verba Legis and Ratio Legis should be viewed as presumed that the lawmaking body intended right
complementary principles of construction that should and justice to prevail. (Art 10, Civil Code)
be utilized in order to determine the meaning and 3. Construction Consistent with the Constitution
intent of a statutory provision. Statutes must be construed in a manner consistent
In any case requiring the interpretation of a legal with the Constitution. All reasonable doubts
provision, verba legis should be the starting point. It should be resolved in favor of the
is only after it is shown and established that the statute constitutionality of a statute, considering that all
is ambiguous, by applying the tests of ambiguity, that laws have in their favor the presumption of
the courts should abandon verbal egis and apply ratio constitutionality.
legis in order to determine true intent of the 4. Construction to Render Provisions Effective
legislature. A statute must be construed in such a way so as
D. Legislative Error; Enrolled Bill to render it effective.
Clerical errors committed by the legislature may also Ut Res Magis Valeat Quam Pereat – the thing
be the subject matter of statutory construction. may rather have effect than be destroyed. Care
In thus holding, the Court are not exactly indulging in should be taken that every part thereof is given
judicial legislation. They are merely endeavoring to effect, based on the theory that the statute was
rectify and correct a clearly clerical error in the enacted as an integrated measure and not as a
wording of a statute, in order to give due course and hodge-podge of conflicting provisions
carry out the evident intention of the Legislature. This B. Legislative Policies and Presumptions
the Courts should and can validly do. (Lopez & Sons Interpretation of statutory provisions can also be
v Court of Tax Appeals) affected by the type of statute involved
Enrolled bill doctrine – principle of interpretation 1. Penal Laws
which provides that the bill duly signed by the Senate Nullum crimen nulla poena sine lege – there is no
President and Speaker of the House and the crime where there is no law punishing it
Penal laws are to be liberally construed in favor taxpayer. Any tax exemption, incentive or
of the accused. relief granted shall be construed strictly
2. Tax Laws against the person claiming it.
A statute will not be construed as imposing a tax (c) The general welfare provisions of the Local
unless it does so “clearly, expressly, Government Code shall be liberally
unambiguously”. (Commissioner of Internal interpreted to give more powers to LGUs in
Revenue v CA) accelerating economic development and
In case of doubt, tax laws must be construed upgrading the quality of life for the people in
strictly against the government and in favor of the the community.
taxpayer. However, the burden shifts to the 7. Naturalization Laws
taxpayer to establish the basis for exemption. Construed strictly and doubts thereof are
(Commissioner of Internal Revenue v SM Prime resolved against the applicant. It should be
Holdings inc.) rigidly enforced and strictly construed in favor of
When local government invoke the power to tax government.
on national government instrumentalities, such Naturalization is not a matter of right, but one of
power is construed strictly against local privilege of the most discriminating, as well as
governments. delicate and exacting nature, affecting as it does,
Another rule is that a tax exemption is strictly public interest of the highest order, and which
construed against the taxpayer claiming the may be enjoyed only under the precise conditions
exemption. However, when Congress grants an prescribed by law. Namely, substantial and
exemption to a national government formal/procedural.
instrumentality from local taxation, such 8. Election Laws
exemption is construed liberally in favor of the Construed liberally “to end that the will of the
national government instrumentality. people in the choice of public officials may not
3. Social Legislation be defeated by mere technical objections.”
All doubts in the implementation and 9. Prescriptive Periods
interpretation of the provisions of the Labor Code Statutes of limitation are to liberally construed in
including its IRR shall be resolved in favor of favor of the defendant, not only because such
labor. (Art. 4, P.D. No. 442, Labor Code of the liberality of construction belongs to all acts of
Philippines) amnesty and grace, but because the very
4. Rules of Court existence of the statute is a recognition and
Liberally construed in order to promote their notification by legislature of the fact that time,
objective securing a just, speedy, and inexpensive while it gradually wears out proofs and
disposition of every action and proceeding. innocence, has assigned to it fixed and positive
Litigations must be decided on their merits and periods in which it destroys proofs of guilt.
not on technicality. It is far better and more (People v Moran)
prudent course of action for the court to excuse a 10. Constitutional Constriction
technical lapse and afford the parties a review of a) Framework
the case on appeal to attain the ends of justice Supreme Court adopted the basic
rather than dispose of the case on technicality and principles of statutory construction in the
cause a grave injustice to the parties. (Paz Reyes interpretation of the Constitution
Aguam v CA) o First, verba legis, wherever possible
5. Adoption Laws the words used in the Constiution
Being humane and salutary in nature are to be must be given their ordinary meaning
liberally construed on account of the “beneficient except when technical terms are
purpose of adoption”. The interest and welfare of employed.
the adopted child should be primary and o Second, where there is ambiguity,
paramount consideration and every reasonable ratio legis est anima, in accordance
intendment should be sustained to promote and with the itent of its framers
fulfill the noble and compassionate objectives of o Finally, ut magis valeat quam
adoption statutes. pereat, The Constitution is to be
STATUTORY CONSTRUCTION by Pilares interpreted as a whole.
MIDTERMS The David decision principles of
6. Local Autonomy Constitutional construction:
(a) Any provision on a power of a LGU shall be 1. Verba legis
liberally interpreted in its favor, and in case 2. Read in relation with the entirety of
of doubt, any question thereon shall be the Constitution
resolved in favor of devolution of powers and 3. One must also look into: (a)
of the LGU. jurisprudence; (b) evolution of the
(b) In case of doubt, any tax ordinance or text
revenue measure shall be strictly against the 4. Contemporaneous construction must
LGU enacting it, and liberally in favor of the be resorted to when language used in
the Constitution is capable of signification in accordance with the common and
multiple interpretations. approved usage of the language” and that they
5. Supposed intent of the framers of the must be given “their popularly accepted
Constitution (weakest approach in meaning.”
Constitutional construction) Exception: Words may have a different meaning
b) Self-Executing vs Non-Self Executing when it is used in a specific context of a special
Provisions subject
GENERAL RULE: Provisions of the 4. Generic Words and Progressive Construction
Constitution are intended to be selfexecuting Doctrine of Progressive Construction
Exception: Expressly provided that a Laws should be progressively construed, so that
legislative act is necessary to enforce a they may meet new conditions, so long as they
constitutional mandate fall within the general purpose of the legislature.
C. Administrative Construction (Diuquino v Araneta)
The power of administrative agencies to construe It is a rule of statutory construction that
statutes can be exercised both in its rulemaking power legislative enactments in general and
and at times, quasi-judicial power. comprehensive terms prospective in operation,
Doctrine of Judicial Respect for Administrative apply alike to all persons, subjects and business
Construction within their general purview and scope coming
- Construction of ambiguous provisions of statutes into existence subsequent to their passage.
by administrative agencies tasked with 5. Punctuation Marks
implementing them are entitled to great weight Generally considered as weak indicators of
and respect by the courts, unless it is contrary to legislative intent. Most of the time used
law or manifestly erroneous. stylistically rather than to express a certain intent.
STATUTORY CONSTRUCTION by Pilares An argument based upon punctuation alone is not
MIDTERMS conclusive, and the courts will not hesitate to
Instances when the courts may set aside the actions of change the punctuation, when necessary, to give
administrative agencies(Peralta v CSC): to the Act the effect intended by the Legislature,
(a) Error of law disregarding superfluous or incorrect punctuation
(b) Abuse of power marks, and inserting others where necessary. (US
(c) Lack of jurisdiction v Hart)
(d) Grave abuse of discretion 6. Use of Specific Words
Administrative construction is unwarranted if the law is a) And/Or
unambiguous, primarily because an administrative GENERAL RULE: “and” is interpreted
agency is precluded from restricting or enlarging the as conjunctive, while “or” denotes a
meaning of a legislative enactment. disjunctive relationship
CHAPTER 5 Exception: if the use of the word does not
CONSTRUCTION OF WORDS AND PHRASES IN necessarily signify a such relationship if
A STATUTE such interpretation will be contrary to the
A. Construction of Contents of a Statute; Words and clear legislative intent (Microsoft v
Phrases; Punctuation Manansala)
1. General Words Construed Generally 1. When the law uses the phrase
General words in a statute are to be understood in “and/or” this effectively means “and
their general sense or or”
Ordinary words are to be understood in their 2. When the law uses the word “and/or”
ordinary sense unless the law gives executive
Ubi lex non distinguit nec nos distinguire agency the choice, the agency must
debemos – where the law does not distinguish, also use “and/or” in the IRR
neither do we distinguish (RMBSA v Home Development
Generalia verba sunt generaltier intelligenda – Fund)
the law does not make a distinction prevents us b) Mandatory and Permissive Words;
from making one Shall/May
2. Provisos GENERAL RULE: “shall” means
An article or clause in a statute that introduces a mandatory; “may” means permissive
condition STATUTORY CONSTRUCTION by Pilares
A proviso shall be confined to that which directly MIDTERMS
precedes it, or the section to which it has been c) Including/Involving
appended, unless it clearly appears that the The use of the word “including” followed
legislature intended it to have a wider scope. by an enumeration generally denotes that
3. Ordinary Words Understood in Ordinary the enumeration is not exclusive.
Sense, Technical Words in Technical Sense The principle expression unius est
GENERAL RULE: Words of a statute must be exclusio alterius is inapplicable when the
taken in their “natural, plain and ordinary enumeration is by way of example only,
or when enumeration is prefaced with the subjects or classes of persons, the meaning of the
words “including: or “involving.” general words will be ordinarily presumed to be
(Sterling Selections Corporation v restricted by the particular designation, and to
LLDA) include only things or persons of the same kind,
d) Affirmative and Prohibitory class or nature
Under the rule of statutory construction, - The purpose of the rule on ejusdem generis is to
negative words and phrases are to be give effect to both the particular and general
regarded as mandatory while those in the words, by treating the particular words as
affirmative are to be regarded as indicating the class and the general words as
mandatory including all that is embraced in said class,
e) Exceptions although not specifically named by the particular
The enumeration is exclusive, for, words. (NAPOCOR v Angas)
necessarily, the general rule applies to all The rule of ejusdem generis does not apply in the
cases not falling under any of the three following (Commissioner of Internal Revenue v
exceptions. American Express International Inc):
When the statute itself enumerates the (a) When there is a clear legislative intent to the
exceptions to the application of the contrary
general rule, the exceptions are strictly (b) Items specifically enumerated do not
but reasonably construed. (Lokin v constitute a readily discernible class and are
COMELEC) patently not of the same kind
f) Periods (c) Provision is also qualified by phrases which
Art.13, Civil Code. When the law speaks clearly shows that the enumeration is by way
of: of example only
▪ Years (365 days) STATUTORY CONSTRUCTION by Pilares
▪ Months (30 days) MIDTERMS
▪ Days (24 hours) Requisites for the rule of ejusdem generis to apply
▪ Nights (sunset to sunrise) (Belgica v Ochoa, Carpio concurring):
▪ Months designated by name, (a) Statute contains an enumeration of particular
number of days they respectively and specific words, followed by a general
have word or phrase;
▪ Computing a period, first day (b) The particular and specific words constitute a
excluded & last day included class or are of the same kind
Sec. 31 of Revised Administrative Code (c) The enumeration of the particular and
of 1987, which amended the Civil Code specific words is not exhaustive or is not
provides: merely by examples
Legal Periods. – ‘Year’ shall be (d) There is no indication of legislative intent to
understood to be twelve calendar give the general words or phrases a broader
months; ‘month’ of thirty days, unless it meaning
refers to a specific calendar month in 3. Express Mention and Implied Exclusion
which case it shall be computed Express mention of one thing in law, as a general
according to the number of days the rule, means the exclusion of others not expressly
specific month contains; ‘day’ to a day of mentioned.
twenty-four hours; and ‘night’ from Purpose: limit the coverage of a legal provision to
sunset to sunrise. (National Marketing those expressly mentioned therein.
Corp. v Tecson) When people say one thing, they do not mean
g) Plural Words and Singular Words something else.
A provision of a statute that applies to When not applicable (Primero v CA):
persons or things in plural form may also (a) No reason exists as to why other things not
be applied to the same person or thing in enumerated should be excluded
singular form (b) Other circumstances indicate that the
B. Association and Relationship of Words, Phrases, enumeration is not intended to be exclusive
Provisions or where enumeration is by way of example
1. Noscitur a Sociis only
Doctrine of associated words – where a (c) Where the doctrine of necessary implication
particular word or phrase in a statement is applies
ambiguous in itself or is equally susceptible of 4. Necessary Implication
various meanings, its true meaning may be made What is implied in a statute is as much a part
clear or specific by considering the company in therof as that which is expressed. Every statute is
which it is found or with which it is associated understood, by implication, to contain all such
2. Ejusdem Generis provisions as may be necessary to effectuate its
- Of the same kind, class or nature object and purpose, or to make effective rughts,
- General words follow a designation of particular powers, privileges or jurisdiction which it grants,
including all such collateral and subsidiary
consequences as may be fairly and logically
inferred from its terms.
5. Casus Omissus
Cassus omissus pro omisso habendus est – a
person, object or thing enumerated from an
enumeration must be held to have been omitted
intentionally
Can operate and apply only if and when the
omission has been clearly established. (People v
Manantan)
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 demands
otherwise.
7. Qualifying Terms; Last Antecedent
Doctrine of last antecedent;
ad proximum antecedens fiat relatio nisi
impediatur sentencia – relative words refer to the
nearest antecedent, unless it be prevented by the
context.
When qualifying word or phrase is separated
from the antecedents by a comma, this can be
construed to mean that the qualifier is supposed
to apply to all antecedents instead of only the
immediately preceding one.
8. Context and Related Clauses
Every part of the statute must be interpreted with
reference to the context, i.e, that every part of the
statute must be considered together with the other
parts, and kept subservient to the general intent of
the whole enactment.