CHAPTER 5
INTERPRETATION OF WORDS AND PHRASES
A.IN GENERAL
How to define words and phrases?
Words or phrases may have an ordinary, generic,
restricted, technical, legal, commercial or trade
meaning, which may be defined by the statutes itself
or have received judicial construction. Which
meaning should be given a word or phrase rests
upon what the legislature intended.
1. Statutory Definition – a statute sometimes
defines particular words and phrases used therein
(definition of terms).
2. Ordinary Meaning - in the absence of legislative
intent to the contrary, they should be given their
plain, ordinary, and common meaning.
Mantuguina Integrated Wood Products, Inc. V.
Court of Appeals
FACTS: Milagros Matuguina was issued a license to
operate a logging business. The acting director of the
BFD issued a provisional Timber License 30
converting a land to Milagros who was conducting a
business under the name of MLE. Milagros then
wrote a letter to the director requesting for a change
of name and transfer of management of TL 30 from
a single proprietorship to the company.
ISSUE: WON a transferee of a forest concession is
liable for obligations arising from the transferor’s
illegal encroachment into another forest
concessionaire committed prior to the transfer.
RULING: No, the transfer was not liable. In
construing statutes, the terms used therein are
generally to be given their ordinary meaning. The
term “obligations” of section 61 of PD 705 is
construed to mean those obligations incurred by the
transferor in the ordinary course of business.
Mustang Lumber, Inc. V. Court of Appeals
FACTS: information that a huge stockpile of Narra
was seen inside the lumberyard of the petitioner.
DENR organized surveillance team and saw coming
out from that lumberyard a truck loaded with luan
and almaciga lumber, The DENR seized the truck and
later on obtained a search warrant. The petitioners
question the seizure contending that the possession
of lumber is not penalized in sec 68 of PD 705.
ISSUE: WON the word “lumber” is included in the
word “timber” as latter used in sec 68 of PD 705
RULING: Yes, lumber is a processed log or processed
forest raw material. The code uses the term lumber
in its ordinary or common usage. PD 705 makes no
distinction between raw and processed, neither
should we.
3. General Words- words of general significance in a
statute are to be taken in its ordinary and
comprehensive sense.
If a word in a statute has both
restricted and general meaning, the general must
prevail over the restricted.
Generalia Verba Sunt Generaliter Intelligencia –
What is generally spoken shall be generally
understood
Generale Dictum Generaliter Est Interpretandum
A general statement is understood in a general
sense.
4. Commercial or Trade Meaning – Word and
phrases, which are common among merchants and
trades, acquire trade or commercial meanings which
are generally accepted in the community in which
they have common use.
5. Technical or legal meaning- words used in
technical sense, or have been judicially construed to
have a certain meaning, or has a well-known legal
meaning.
6. Identical terms – word or phrase repeatedly used
in a statute will bear the same meaning throughout
the statutes.
7. Qualified by purpose of statute- the court should
adopt that interpretation that accords best with the
manifest purpose of the statute or promotes or
realizes its object.
8. Construed in relation to other provisions- words
and phrases must be interpreted in relation to other
provisions, and not in isolation.
Claudio v. COMELEC
FACTS: Claudio was the city mayor of Pasay City.
Sometime in 1999, chairpersons of the different
barangays consisting Pasay City organized a
Preparatory Recall Assembly. After one year,
constituents signed a petition for recall because of
lack of confidence. Claudio argues that the petition is
invalid since the PRA was organized within the
prohibited period in the LGC.
ISSUE: WON the first limitation regarding the one
year prohibited period in sec 74 of the LGC embraces
the entire recall proceedings such as PRA?
RULING: No, the court construed the word “recall”
relation to Sec 69 of the LGC refers only to the
election itself.
Garcia v. COMELEC
FACTS: Petitioners filed a petition to annul PR 10
series of 1993. The Municipality did not take action,
so they resorted to their power of initiative under
the LGC. However, the vice-mayor and the presiding
office wrote a letter to deny the petition for local
initiative/referendum. COMELEC denied the petition
of local initiative because its subject merely a
resolution not an ordinance.
ISSUE: WON a resolution of a municipal council can
be the subject of an initiative and referendum
RULING: Marrow and literal reading of the provision
for it will collide with the constitution and will
subvert the intent of the lawmakers in enacting the
provisions of the LGC on initiative and referendum
Molina v. Rafferty
FACTS: Rafferty imposed tax to Molina because of
his fishes grown in ponds. Molina contends that the
fishes he produced were considered an agricultural
product which exempts him of the tax as stated in
RA 2339 sec. 41.
ISSUE: WON the phrase “agricultural products”
includes domestic animals and fish grown in ponds.
RULING: Yes, the court ruled that in the phrase, it
includes not only vegetable substances but also
domesticated animals, products and fish grown in
ponds.
9. Dictated by Context - the context in which the
word is used oftentimes determines its meaning
Verba Accipienda Sunt Secundum Materiam
A word is to be understood in the context in which it
is used.
10. Law does not distinguish- it is a well-recognized
rule that where the law does not distinguish, the
courts should not distinguish (Ubi lex non distinguit,
nec nos distinguere debemus)
Ligget & Myers Tobacco Co. v. Collector of Internal
Revenue
FACTS: Appelant asked for a refund of Php 17.60
allegedly overpaid by way of specific tax on 4 cartons
of filter cigarettes. CIR required the company to pay
the amount of Php 35.20 as specific tax.
ISSUE: WON in measuring the length and weight of
cigarettes, filters should be excluded, so that the tax
would come under the general provision and not
under the proviso.
RULING: The court ruled that the law not having
distinguished between filter cigarettes and non-filter
cigarettes, the tax should be paid as fixed under the
proviso.
Tiu San v. Republic
FACTS: Tiu San alias Angel Gomez was denied of her
petition for naturalization for being convicted for a
violation of Municipal Order 14 of Lucena, Quezon
Province which was the failure to remove and
transfer lumber yard from a prohibited zone.
ISSUE: WON the conviction would disqualify him
from taking his oath
RULING: The law did not make any distinction
between mala in se or mala prohibita. The law states
that a person is disqualified to take the oath if
he/she commits a crime.
11. Disjunctive and Conjunctive Words
Disjunctive words- signifies disassociation and
independent of one thing from each other
enumerated
Conjunctive words- used to coin word with word,
phrase with phrase, and clause with clause.
B.ASSOCIATED WORDS
1.Noscitur a Sociis (it is known from its associates)
– if there is ambiguity in a word or phrase, it should
be determined with which it is associated
Magtajas v. Pryce Propoerties Corp.
FACTS: PAGCOR expanded its operation to Cagayan
de Oro City, it leased a portion of its operation of a
building in PRYCE. Sangguniang Panlalawigan of CDO
enacted an ordinance to prevent the operation of
casino
ISSUE: WON gambling in the Local Government Code
only means illegal gambling?
RULING: in using the rule of noscitur a socciis,
gambling should be read as referring only to illegal
gambling because sec 458 of the LGC authorized
LGUs to prevent or suppress “gambling and other
prohibited games of chance”. The LG has no power
to prevent or suppress gambling which is authorized
by specific law.
2.Eujsdem Generis (of the same kind or nature)-
When a general word follows an enumeration of
particular word is to be restricted to persons, things,
or cases of the same kind as those specifically
mentioned.
Requisites:
a. Enumeration of particular and specific
words, followed by a general word
b. Specific words constitute a class or of the
same kind
c. Enumeration is not exhaustive or be an
example
d. No indication of legislative intent to give the
general words or phrases a broader
meaning.
Mutuc v. COMELEC
FACTS: The petitioner was prohibited by COMELEC
from using jingles in his mobile units’ equipped with
sound systems and loud speaker. Petitioner
impugned the act of respondent as violative of his
right to free speech. Respondent however contend
that the prohibition was premised on a provision of
the constitutional convention act, which made it
unlawful for candidates to “purchase, produce,
request or distribute sample ballots, or electoral
propaganda gadgets such as, pens, lighters, fans,
flashlights, Athletic goods or materials and the like.
ISSUE: WON the jingle falls down on the prohibited
electoral propaganda gadgets of RA 6132

RULING: No, jingle does not belong to the class since

the enumerated items are tangible. In the case at
bar, electoral propaganda was restricted by
particular items which indicates that the “and the
likes” only refers to items related to the class.

Murphy, Moris & Co. v Collector of Customs

FACTS: The Company acquired one steam turbine,

condensing machinery, hot well and pumps. The
company is being collected of tax specifically the
steam turbined because the collector of customs
argued that it belongs under paragraph 250 of the
tariff act of 1901 which includes items which
generates electricity

ISSUE: WON steam turbines falls under par. 250of

the tariff act

RULING: No, steam turbines does not belong to this

provision because it does not belong to that certain
class or kind of machinery as dynamos, generators,
and exciters which are for the generation of
electricity.

3.Expressio Unius Est Exclusio Alterius (The explicit

mention of one is the exclusion of another) –also
known as negative-opposite doctrine.