Week 15-16 © AJ Cruz
A . W H AT I S T H E R U L E R E G A R D I N G
CONSTRUCTION OF WORDS OR TRADE
MEANING?
Words and phrases, which are 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.
When any of such words or phrases is used in a statute, it
should be given such trade or commercial meaning as has
been generally understood among merchants.
RULE: In the absence of legislative intent to the contrary,
trade or commercial terms, when used in a statute, are
presumed to have been used in their trade or commercial
sense.
ILLUSTRATION: The phrase “dispose of” in its
ordinary sense implies parting away with something.
However, it commercial meaning is referring to “sell.”
The “gross value in money” has the commercial meaning
of “gross selling price” or the total amount of money or
its equivalent which the purchaser pays to the vendor to
receive goods, and it should be taken in this sense when
employed in a statute.
B . W H AT I S T H E R U L E R E G A R D I N G
CONSTRUCTION OF WORDS WITH TECHNICAL
OR LEGAL MEANING?
RULE: Words that have been used in, a technical sense or
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.
The technical and or legal, not the ordinary or general
meaning of a word should be adopted in the construction
of the statute, in the absence of any qualification or
intention to the contrary.
PRESUMPTION: The language used in a statute, which
has a technical or well-known legal meaning, is used in
that sense by the legislature.
C. WHAT IS UBI LEX DISTINGUIT, NEC NOS
DISTINGUERE DEBUMUS?
MEANING: Where the law does not distinguish nor
make any qualification, courts should not make any.
RULE: is founded on logic, is a corollary of the principle
that general words and phrases in a statute should
ordinarily be accorded their natural and general
significance.
Thus, where the legislature has clearly laid down a rule
for one class of cases it is not readily to be supposed that,
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in the same act, a different rule has been prescribed for
another class of cases within the same as the first.
• It applies not only in the construction of general
words and expressions used in a statute but also in
interpretation of a rule laid down therein.
ILLUSTRATION: Where a statute grants a person
against whom possession of “Any land” is unlawfully
withheld the right to bring an action for unlawful detainer,
the phrase “any land” includes all kinds of land, whether
agricultural, residential or mineral. The phrase cannot be
said to relate exclusively to public land anymore than it
could be said to relate exclusively to private land, the law
not having made any distinction.
D. WHAT ARE THE RULES REGARDING THE
USE OF DISJUNCTIVE AND CONJUNCTIVE
WORDS?
“Or” - is a disjunctive term signifying disassociation
and independence of one thing from each of other things
enumerated. The use of the disjunctive word “or”
between two phrases connotes that either phrase serves as
qualifying phrase.
NOTE: 1) The term “or” has sometimes been held to
mean “and” when the spirit or context of the law
warrants.
2) The word may also be used as the equivalent of “that is
to say” giving that which precedes it the same
significance as that which follows it. It is not always
disjucntive and is sometimes interpretative or expository
of the preceding word.
3) The word “or” may also mean successively.
“And” - is a conjunction pertinently defined as meaning
“together with,” “joined with,” “long with or together
with,” “added to to linked to,” used to conjoin word with
word, phrase with phrase, clause with clause.
NOTE: The word “and” does nor mean “or:; it os a
conjunction used to denote a joinder or union, “binding
together,” “relating the one to the other.”
EXCEPTION: It may mean “or” as an exception to the
rule. The exception is resorted to only when a literal
interoperation would pervert the plain intention of the
legislature as gleaned from the context of the statute or
from external factors.
E. WHAT IS NOCITUR A SOCIIS?
1 . D I S C U S S M A G TA J A S V. P RY C E
PROPERTIES CORP., G.R. NO. 111097, 20 JULY
1994.
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MEANING: It states that where a particular word or
phrase is ambiguous in itself or is equally susceptible of
various meanings, its correct construction may be made
clear and specific by considering the company of words
in which it is found or with which it is associated.
RULE: Where the law does not define a word used
therein, it will be construed as having a meaning similar
to that of words associated with or accompanied by it.
NOTE: Words in association should all be given their
generic and ordinary meaning, or, if such be the
legislative intent, their restricted and technical sense.
Some words may not be construed in their ordinary, while
others in their technical signification.
F. WHAT IS EJUSDEM GENERIS?
1. DISCUSS PELIZLOY REALTY CORP. V.
PROVINCE OF BENGUET, G.R. NO. 183137, 10
APRL 2013
[Latin: of the same kind or nature]
RULE: Where a general word or phrase follows an
enumeration of particular and specific words of the same
class or where the latter follow the former, the general
word or phrase is to be construed to include, or to be
restricted to, persons, things or cases akin to, resembling,
or of the same kind or class as those specifically
mentioned.
PURPOSE: To give effect to both the particular and
general words, by treating the particular words as
indicating the class and the general words as indicating all
that is embraced in said class, although not specifically
named by the particular words.
• The principle of ejusdem genesis is based on the
proposition that had the legislature intended the genera
words to be used in their generic and unrestricted sense, it
would not have enumerated the specific words.
ILLUSTRATION: Where an act makes unlawful
distribution of electoral propaganda gadgets, pens,
lighters, fans, flashlights, athletic goods or materials “and
the like,” the term “and the like” does not embrace taped
jingles for campaign purposes, said term being restricted
only to things of the same kind or class as those
specifically enumerated.
G. What are the limitations on the rule if ejusdem
generis?
To be applicable, it requires the following requisites:
1) a statute contains an enumeration of particular
and specific words, followed by a general word or phrase;
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2) the particular and specific words constitute a
class or are the same kind;
3) the enumeration of the particular and specific
words is not exhaustive or is not merely examples; and
4) there is no indication of legislative intent to
give the general words or phrases a broader meaning.
RULE: Where the enumeration includes classes and
general terms as well, or where the specific things in the
enumeration have no distinguishable common
characteristic and greatly differ from one another, the rule
of ejusdem genesis does not apply.
H. WHAT IS EXPRESSIO UNIUS EST EXCLUSIO
ALTERIUS?
1. DISCUSS PARAYNO V. JOVELLANOS,
G.R. NO. 148408, 14 JULY 2006
[Latin: the explicit mention of one (thing) is the
exclusion of another]
RULE: The express mention of one person, thing, or
consequence implies the exclusion of all others.
Variations of the Maxim:
1) What is expressed puts an end to that which
is implied - where a statute, by its terms, is expressly
limited to certain matters, it may not, by interpretation or
construction, be extended to other matters.
2) A general expression followed by exceptions
therefrom implies that those which do not fall under
the exceptions come within the scope of the general
expression
3) The expression of one or more things of a
class implies the exclusion of all not expressed, even
though all would have been implied had non been
expressed - it is based on the fact tat in human experience
the minds of the parties usually addressed specially to the
particularization, and that the generalities, though broad
enough to comprehend other files if they stood alone, are
used in contemplation of that upon which the minds of
the parties are centered
NOTE: The rule and its variations are canon of restrictive
interpretation. They are based on the rules of logic and
natural workings of the human mind.
They proceed from the premise that the
legislature would not have made specified enumerations
in a statute had the intention been not to restrict its
meaning and confine its terms to those expressly
mentioned.
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I. WHEN IS THE MAXIM EXPRESSSIO UNIUS
EST EXCLUSIO ALTERIUS NOT APPLICABLE?
NOTE: It is a not a rule of law but a mere tool of
statutory construction or a means of ascertaining the
legislative intent. It is not of universal application.
RULE: It is not applicable where words are used by
example only. Furthermore, said legal maxim should be
applied only as a means of discovering legislative intent
which is not otherwise manifest, and should not be
permitted to defeat the plainly indicated purpose of the
Legislature.
1) It is no more than an auxiliary rule of
interpretation to be ignored where other circumstances
indicate that the enumeration was not intended to be
exclusive.
2) It does not apply where the enumeration is by
way of example or to remove doubts only.
3) It does not apply in case as statute appears
upon its face limit the operation of its provision to
particular persons or things not so enumerated should not
have been included and manifest justice will follow by
not including them.
4) It may be disregarded if adherence therapy
would cause inconvenience, hardship or injury to public
interest.
5) Where the legislative intent shows that the
enumeration is not exclusive, the maxim doe snot apply.
J. WHAT IS CASSUS OMISSUS PRO OMISSO
HABENDUS EST?
1. DISCUSS MUNICIPALITY OF NUEVA
ERA, I.N. .V MUNICIPALITY OF MARCOS, I.N.,
G.R. NO. 169435, 27 FEBRUARY 2008.
[Latin: A case omitted is to be held as intentionally
omitted]
NOTE: It states that a person, object or thing omitted
from an enumeration must be held to have been omitted
intentionally. The principle proceeds from a reasonable
certainty that a particular person, object or thing has been
omitted from a legislative enumeration.
RULE: The maxim operates and applies only if and when
the omission has been clearly established, and in such a
case what is omitted in the enumeration may not, by
construction, be included therein.
EXCEPTION: It does not apply where it is shown that
the legislature did not intend to exclude the person, thing
or object from enumeration.
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K . W H AT I S T H E D O C T R I N E O F L A S T
ANTECEDENT?
NOTE: Qualifying words restrict or modify only the
words or phrases to which they are immediately
associated. They do not qualify words or phrases which
are distantly or remotely located.
Doctrine of Last Antecedent - states that in the absence
of legislative intent to the contrary, preferential and
qualifying words and phrases must be applied only to
their immediate or last antecedent, and not to the other
remote or preceding words or association of words.
ILLUSTRATION: The use of a comma to separate an
antecedent fro the rest exerts a dominant influence in the
application of the doctrine of last antecedent. The
qualifying effect of a modifying word or phrase will be
confined to its immediate antecedent if the latter is
separated by a comma from the other antecedents.
L. WHAT IS REDDENDO SINGULA SINGULIS?
1. DISCUSS FORTICH V. CORONA, G.R.
NO. 131457, 19 AUGUST 1999
[Latin: referring each to each; referring each phrase or
expression to its corresponding object]
It refers to that each phrase or expression to its
appropriate object, or let each be put i its proper place,
that is, the words should be taken distributively.
RULE: It requires that the antecedents and consequences
should be read distributively to the effect that each word
is to be applied to the subject to which it appears by
context most appropriately related and to which it is most
applicable.
M. WHAT IS A PROVISO?
MEANING: Is used to either limit the application of the
enacting clause, action, or provision of a statute. or to
except something therefrom, or to qualify or restating its
generality, o to exclude some possible ground of
misinterpretation of it, as extending to case not intended
by the legislature to be brought within its purview.
PURPOSE: To restoration to qualify the generality of the
enacting clause or section to which it refers. Also, to limit
or restrict the general language or operation of the
statute, not to enlarge it.
EXAMPLE: It is commonly found at the end of a
section, or provision of a statute, and i introduced, as a
rule, by the word “Provided” and “but nothing herein”
NOTE: What determines whether a clause is a proviso is
its substance rather than its form.
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RULE: A proviso may enlarge, instead of restrict or limit,
what otherwise is a phrase of limited import had there
been no proviso qualifying it. It may also assume the role
of an additional legislation.
HOW TO BE CONSTRUED: By reference to the
immediately preceding part of the provision, to which it s
attached, and not to the statute itself or other sections
thereof.
NOTE: A proviso should be construed as to harmonize
and not to repeal or destroy the main provision of the
statute. Where there is irreconcilable conflict between the
proviso and the main proviso, the latter prevails.
UNLESS, there is a legislative intent to the contrary and
construction will destroy the statute itself.
N. WHAT IS AN EXCEPTION?
MEANING: It consists of that which would otherwise be
included in the provision from which it is excepted. It is a
clause that exempts something from operation of a statute
by express words.
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P. WHAT IS A SAVING CLAUSE?
MEANING: It is 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 which would
otherwise be lost. It is usually used to except or to save
something from the effect of a repeal of a statute.
• The legislature in a repealing statue, may
preserve in the form of a saving clause, the right of the
state to prosecute and punish offenses committed in
violation of the repealed law.
HOW TO BE CONSTRUED: In the light of the intent
or purpose which the legislature had in mind in providing
it in a statute, the principal consideration being to
effectuate such intent or carry out such purpose. It should
be given liberal or strict construction depending upon the
kind of interpretation that should, considering its nature,
be given to the statute as a whole.

EXAMPLE: “except,” “unless otherwise,” and “shall not

apply.” and such similar words as are used to take out the
enactment something which would otherwise e part of its
subject matter.

PURPOSE: It confirmed the general tule, not to color or

dominate nor to destroy it.

RULE: Express mention of exceptions operates to

exclude other exceptions and those which are not within
the enumerated exceptions are deemed included in the
general rule.

O. DISTINGUISH THE DIFFERENCE BETWEEN

PROVISO AND EXCEPTION.

EXCEPTION PROVISO

- e x e m p t s s o m e t h i n g - defeats the operation of

a b s o l u t e l y f r o m t h e an exception conditionally
operation of a statute, by
express words in the
enacting clause
- takes out of the statute - avoids them by the way
something that otherwise of defeasance or excuse
would be part of the
subject matter of it
- generally a part of the - its function is to except
e n a c t m e n t i t s e l f , something from an
absolutely excluding from enacting clause
its operation some subject
or thing that otherwise
would fall within its scope