STATUTORY CONSTRUCTION – FINALS

BALTEZA, Henry

FINALS NOTES general term is to refer to the specific

terms.
I. PLAIN MEANING RULE/ VERBA
 Requisites of ejusdem generis
LEGIS
1. A statute contains an
Verba Legis enumeration of particular terms
followed by a general term
 If the language of the law is plain and
2. The particular or specific terms
free from ambiguity, and expresses a
constitute a class or are of the
single definite, and sensible meaning,
same kind
this meaning is considered the intended
3. The enumeration of the
meaning of legislature.
particular and specific words is
II. Linguistic Canons of Interpretation
not exhaustive or is not merely
Whole Act Rule by examples
4. There is no indication of
 Legislative intent must be ascertained
legislative intent to give the
from a consideration of the statute as a
general words of phrases a
whole and not merely of a particular
broader meaning
provision.
 A statute is to be considered as whole Noscitur a sociis
for it is presumed that legislature did
 Where a particular word or phrase is
not use any useless words.
ambiguous in itself or it equally
 It is dangerous to base construction on
susceptible of various meanings, its
a single provision since it may be
correct construction may be made clear
qualified by another provision
and specific by considering the
Ejusdem Generis (of the same kind of species) company of words in which it is found
or with which it is associated.
 This is where a general word follows an
 Where a particular word is obscure or
enumeration of persons or things, by
of doubtful meaning in itself, the
words of a particular, and specific
obscurity or doubt may be removed by
meaning, such general words are to be
reference to the meaning of the
construed not in their widest extent but
associated words or companion words.
are to be held as applying only to
 CASES
persons or things of the same kind or
class as those specifically mentioned. Buenaseda v. Flavier
 Purpose – to give effect to both the When the Constitution vested on the
particular and general word, by treating Ombudsman the power “to recommend the
the particular words as indicating the suspension” of a public official or employees
class and the general words as (Sec. 13 [3]), it referred to “suspension,” as a
indicating all that is embraced in said punitive measure. All the words associated with
class. the word “suspension” in said provision
 Application – the specific terms are referred to penalties in administrative cases,
followed by the general term; the e.g. removal, demotion, fine, censure.
STATUTORY CONSTRUCTION – FINALS
BALTEZA, Henry

be made clear and specific by considering the

People v. Flores company of words in which it is found or with
Section 31(c) of R.A. No. 7610 contains a listing which it is associated. In other words, the
of the circumstances of relationship between obscurity or doubt of the word or phrase may
the perpetrator and the victim which will justify be reviewed by reference to associated words.
the imposition of the maximum penalty, namely Thus, the phrase “financial assistance,” in light
when the perpetrator is an “ascendant, parent, of the preceding words with which it is
guardian, stepparent or collateral relative associated, should also be construed as an
within the second degree of consanguinity or incentive scheme to induce employees to retire
affinity.” It should be noted that the words with early or as an assistance plan to be given to
which “guardian” is associated in provision all employees retiring earlier than their retirement
denote a legal relationship. From this age.
description we may safely deduce that the Expressio Unius Est Exclusio Alterius
guardian envisioned by law is a person who has
 The express mention of one person,
a legal relationship with a ward. This
thing, or consequence implies the
relationship may be established either by being
exclusion of all others
the ward’s biological parent (natural guardian)
 Different formulations of Expressio
or by adoption (legal guardian.)
unius est exclusion alterius:
o What is expressed puts an end
GSIS v. COA
to what is implied (expressio
The issue in question in relation to Noscitur a
facit cessare tacitum)
sociis is whether the GSIS RFP is a retirement
o A thing not being excepted
plan in the light of Sec. 41 of R.A. 8291. It is true
must be regarded as coming
that under Section 41(n) of Republic Act No.
within the purview of the
8291, GSIS is expressly granted the power to
general rule (exception firmat
adopt a retirement plan and/or financial
regulam in casibus non
assistance for its employees, but a closer look at
exceptis)
the provision readily shows that this power is
o Expression of one more things
not absolute. It is qualified by the words
“early,” “incentive,” and “for the purpose of of a class implies the exclusion
retirement.” The retirement plan must be an of all not expressed, even
early retirement incentive plan and such early though all would have been
retirement incentive plan or financial assistance implied had none been
must be for the purpose of retirement. expressed.
The above interpretation applies equally to the  Application of expression unius…
phrase “financial assistance,” which, contrary to o Used in the construction of
the petitioners’ assertion, should not be read statutes granting, power,
independently of the purpose of an early creating rights and remedies,
retirement incentive plan. Under the doctrine of restricting common rights and
noscitur a sociis, the construction of a particular imposing penalties and
word or phrase, which is in itself ambiguous, or forfeitures, as well as those
is equally susceptible of various meanings, may
STATUTORY CONSTRUCTION – FINALS
BALTEZA, Henry

statutes which are strictly o Does not apply when the

construed. legislature did not intend to
 Limitations of expressio unius… exclude, the person, thing, or
o To be ignored when the object from enumeration.
circumstances indicate that the Doctrine of Last Antecedent
enumeration is not meant to be  A qualifying word or phrase should be
exclusive understood as referring to the nearest
o Does not apply when the antecedent.
enumeration is by example or  Ad proximum antecedens fiat relatio
to remove doubts only nisi impediatur sententia
o In case a statute appears upon  Use of a comma
its face to limit the operation of o The qualifying effect of a
its provisions to particular modifying word or phrase will
persons or things by be confined to its immediate
enumerating them, but no antecedent if the latter is
reason exists why other persons separated by a comma from the
or things not so enumerated other antecedents.
should not have been included  Exception:
and manifest injustice will o Where the intention of the law
follow by including them. is to apply the phrase to all
o Does not apply when antecedents embraced in the
adherence to expression unius provision, the same should be
would cause inconvenience, made extensive to the whole.
hardship, and injury to the o The doctrine does not apply
public interest. where the intention is not to
o When it is contrary to legislative qualify the antecedent at all.
intent
Reddendo Singula Singulis
Doctrine of Casus Omisus Pro Omisso  Referring each to each
Habendus  Referring each phrase or expression to
 A person, object, or thing omitted from its appropriate object, or let each be
an enumeration must be held to have put in its proper place, that is, the
been omitted intentionally words should be taken distributively
 Application  Antecedents and consequences should
o Only when the omission has be read distributivley to the effect that
been clearly established, and in each word is applied to the subject to
such a case what is omitted in which it appears by context most
the enumeration may not be appropriately related and to which it is
included by construction. most applicable.
 Limitation
STATUTORY CONSTRUCTION – FINALS
BALTEZA, Henry

Use of the word “shall,” “must,” or “ought” o When required by the context
 These words are words of command, or by the intention of
these indicate legislative intent to make legislature.
the law mandatory. o It shall be construed merely as
 When used in a statute or regulation permissive when no public
expresses what is mandatory. benefit or private right requires
 Used in an imperative sense and not in that it be given an imperative
a directory sense. meaning.
 Exception
o The use of the “must” and Use of the “Or”
“shall” is not always imperative,  It is a disjunctive term signifying
it may be consistent with disassociation and independence of one
discretion. thing from each of the other things
o If the language of a statute enumerated.
reveals that legislative intent  The use of the word between two
intends it to be directory it phrases connotes that either phrase
should be given that meaning. serves as a qualifying phrase.
 Test to determine if “shall” is  “Or” may also mean “and”
mandatory or discretionary o When the spirit or context of
o The is test is to whether non- the law demands it
compliance with what is  The word “or” may also be used to say
required will result in the nullity “that is to say”
of the act. If it does, then it is o Giving the same significance to
mandatory, otherwise the word that precedes it or
discretionary. comes after it
o It is not always disjunctive and
Use of “may” is sometimes interpretative or
 It denotes that it is directory nature expository of the preceding
 Permissive only and operates to confer word
discretion  The word “or” may also mean
 “May” construed as “shall” successively
o Where the statute provides for o This connotes an order or
the doing of some act which is succession of the terms
required by justice or public enumerated
authority, or where it vests a
public body with authority to Use of the word “And”
take such action which  “And” in statutory construction implies
concerns the public interest or conjunction, joinder, or union.
rights of individuals.  It does not mean “or”.
 “Shall” construed as “may”  It may mean “or” as an exception
STATUTORY CONSTRUCTION – FINALS
BALTEZA, Henry

o This is resorted only when a

literal interpretation would
pervert the plain intention of
the legislature as gleaned from
the context of the statute or
from external factors
 “And” is not only a conjunctive word,
but may also restrict the meaning of a
word
o When two words, one which is
broad in meaning, and one is
restrictive, which are separated
by “and” the restrictive word
limits the broad word.

Use of “And/Or”
 This term means that effect shall be
given to both the conjunctive ‘and,’ and
the disjunctive ‘or.’
 That one word or the other may be
taken accordingly as one or the other
will best effectuate the purpose
intended by legislature.
 This term is used to avoid a
construction which by the use of the
disjunctive ‘or’ alone will exclude the
combination of several alternative or by
the use of the conjunctive ‘and’ will
exclude the efficacy of any one of the
alternatives standing alone.