Parayno vs Jovellanos

Facts:
Petitioner is the owner of a gas filling station. Since some residents
compained, the Sangguniang Bayan, after several referral from the different ins
trumentalities of the government, recommended to the mayor that the gasoline sta
tion be closed or be transferred to another location.
According to respondents, the gasoline station was within the 100- mete
r prohibited radius under Sec. 44 and it posed a pernicious effects to the healt
h and safety of the people.
However, the petitioner claimed that her gasoline station was not covere
d by Sec. 44 of the Official Zoning Code since it was not a gasoline service sta
tion, but a gasoline filling station which is governed by Sec. 21 thereof.
After the hearing, the trial court ruled that Sec. 44 of the Official Zon
ing Code of the municipality does not mention a gasoline filling station. Nevert
heless, following the principle of ejusdem generis, a gasoline filling station f
alls within the ambit of Sec. 44.
Petitioner elevated the matter to the CA but the petition was dismissed.
Hence, this petition.
Issue:
WON ejusdem generis is applicable in this case.
Held:
No. the Zoning Ordinance of the municipality provided a distinction betw
een a gasoline filling station and a gasoline service station. Based from the pr
ovision of Sec. 44 and Sec. 21, it is evident that the two terms are made to be
distinct and separate from each other. Hence, respondent could not find solace o
n the latin maxim Ejusdem generis, which means " of the same kind, class, or nat
ure," Under this maxim, where general words follow the enumeration of particular
classes of persons or things, the general words will apply only to persons or t
hings of the same general nature or class.
What is more applicable is the latin maxim Expressio unius est exclusio a
lterius, which means that the express mention of one thing implies the exclusion
of others. therefore, because of the distinct and definite meaning given to the
two terms, respondent could not insist that Sec. 44 includes a gasoline filling
station.
Wherefore, the petition is granted.