WEEK 6 AND 7

Interpretation of words and phrases

A word or phrase used in a statute may have an ordianary , generic, restricted, technical , legal ,
commercial or trade meaning. It may have been defined in the statute itself , or may have previously
received a judicial construction. Which meaning should be given to a word..

RULES
If words and phrases used in a statute has been defined – such definition controls the meaning of the
word/ phrase , irrespective of any other meaning , the word must be on its ordinary meaning.

*RA 7610 VS. RA 9344

Under RA 9344 “child '' refers to a person under the age of 18 years controlling only on that particular
statute is concerned.

*GENERAL RULE : Plain and ordinary or common meaning if there is a ambiguity. For words are
presumed to have been employed by the lawmaker in their ordinary and common use and acceptation.

• A word of general significance in a statute is to be taken in it's ordinary and comprehensive

sense unless it is shown that the word is intended to be given a different or restricted meaning.
In other words, a general word should not be given a restricted meaning where no restrictions is
indicated. For if the legislature has intended to the meaning of a word that would have been
easy for it to have done so.
• A word of general signification employed in a statute should be construed in the absence of
legislative intent to the contrary, to comprehend not only peculiar conditions obtaining at the
time of its enactment but those that may normally arise after its approval as well- also known as
progressive interpretation.(future conditions, future circumstances)
TN: if a law is passed by congress, it is also for future use.. but also for conditions that may
arise in the future. It is not just one day that you pass a statute, it may even take years.
• Ex: RA 9165
• words and phrases which are in common use among merchants and traders, acquire trade or
commercial meanings which are generally accepted in the community in which they have been
in common use- it should not be given a new or strange interpretation.
• Words that have or have been used in a technical sense of those that have been judicially
construed to have a certain meaning should be interpreted according to the sense in which they
have been previously used although the sense may vary from the strict or literal meaning of the
words.
I.e arrest
• a word or phrase repeatedly used in a statute will bear the same meaning throughout the statute.
Thus, a word or phrase in one part of a statute
• a word phrase or provision should not be construed in isolation but must be interpreted in
relation to other provisions of the law. This rule is a variation of the rule that a statute should be
construed as a whole and each of its provisions must be given effect.
 • Where the law does not distinguish, courts should not distinguish. Corollary to the principle is
the rule that where the law does not make any exception, courts may not except something
therefrom unless there is compelling reason apparent in the law to justify it.
Case: (Phil. British Assurance Ci, Inc v. IAC)
• When the law does not make any exception, courts may not except something unless
compelling reasons exist to justify it. (Cecilio de villa v. CA GR #87416. 4/8/1991)
• General terms may be restricted by specific words with the result that the general language will
be limited by specific language which indicates the statute's object and purpose. The rule is
applicable only to cases wherein except for one general term, all the items in an enumeration
belong to or fall under one specific class.(
• Colgate-palmolive v. jimenez)
• General terms following special terms

ejusdem generis – this rule in statutory construction is applicable that is “when

general words follow an enumeration of persons of things by words of a particular and specific
meaning, such general words are not to be construed in their widest extent, but are to be held as
applying only to persons or things of the same kind or class as those specifically enumerated.”

Express mention and implied exclusion(expressio unius est exclusio alterius): it is a general rule of
statutory construction that express mention of one person, thing, or consequence is tantamount to an
express exclusion of all others. However, on the contrary, it is useful only as a guide in determining the
probable intention of the legislature and if it should be clearly apparent in any particular case, that the
legislature did not in fact intend that its express mention of one thing should operate as an exclusion of
all others, then the maxim must give way. -(negative-opposite doctrine or argumentum a contrario)
case(San pablo manufacturing corporation v. commissioner of internal revenue)

negative opposite doctrine – the principle that what is expressed puts an end to that which is implied.
(Chung Fook v. White)

ASSOCIATED WORDS (NOSCITUR A SOCIIS): associated words explain and limit each other.
When a word used in a statute is ambiguous or vague its meaning may be made clear and specific by
considering the company in which it is found and the meaning of the terms which are associated with
it. Where a particular word is equally susceptible of various meanings, its correct construction may be
made specific by considering the company of terms in which it is found or with which it is associated.

USE OF NEGATIVE WORDS

Negative words and phrases regarded as mandatory while those in the affirmative are mere directory
e.g CANNOT/SHALL NOT/NO
“The privilege of the writ of habeas corpus shall not be suspended except in cases of invasion or
rebellion when the public safety requires it.”

The use of the word “may” and “shall” in a statute

May – permissive and it operates to confer jurisdictional
Shall – is imperative, when used, it impose a duty which may be enforced. However, it is not absolute,
may be construed as “may” when so required by the context or by the intention of the statute.(Purita
Bersabal v. Hon judge serafin salvador)
USE OF THE WORD MUST
the word must is a statute like shall is not always imperative
the use of the term “and” and the word “or”
AND – is a conjunctive term, when used in a sentence, it means that the members of a sentence are to
be taken jointly, except it may mean or if this is the plain intention of the legislature which could be

computation of time
(PNB v. CA)

• Th use of the word proviso/s and exceptions

– Ex. Arricle 33 of the Family Code. ( ALU-TUCP VS. NLRC AND NTC

An exception exempts something absolutely from the operation of the state.

Doctrine of last antecedent – it presupposes that qualifying words and phrases must be applied only to
their immediate or last antecedent ant not to the other remote or preceding words or associated words.
– means qualifying words restrict or modify only the words or phrases to which they are
immediately associated
illustration:
– “such other persons whether related or not, who are dependent upon him for support” and who
usually help operate the farm enterprise” (members of the family of the tenant) includes the
tenant's son, son-in-law, or grandson even though they are not dependent upon him for support
and living separately from him because the qualifying phrase who are dependent upon him for
support referes solely to its last antecedent namely “such other person or persons whether
related to the tenant or not”
REDDENDO SINGULA SINGULIS – a variation of the doctrine of last antecedent. The maxi, means
referring each to each; referring each phrase or expression to its appropriate object or let each be put in
its proper place that is, the words should be taken distributively

illustration: Pp v. Tamani
issue: when to count the 15 day period within which to appeal a judgment of conviction in a criminal
action whether from te date of promulgation of judgment or from the date of of receipt of notice of
judgment?

What the court shall do is to enter into the records that the accused did not appear hence he judgment
should be appealed in the docket.
Remedy of the accused: file an appeal
WHEN SHALL THE 15 DAY PERIOD COMMENCE TO RUN? (applying the principle of reddendo
singula singulis) sec 6. rule 122 ROC “an appeal must be taken within 15 days from promulgation or
notice of the judgment or oder appealed fromm. The court said: “the word promulgation in sec 6 should
be referring to judgment, while the word notice should be construed as referring to order