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Under the principle of ejusdem generis, “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.” (Sualog, Cyrus Victor T., Construction and Interpretation of the Laws, First Edition
[2015], p. 146)
The purpose of the rule on ejusdem generis is to give effect to both the particular and general
words, by treating the particular words and indicating the class and the general words as
including all that is embraced in said class, although not specifically named by the particular
words. (Sulaog, p. 146)
The dissent in Circuit City Stores Inc., v. Adams, 532 U.S. 105 (2001), however, stated that
when there are good reasons not to abide by ejusdem generis, then a court will set aside its
use.
Further, the Supreme Court stated in N. & W. Ry. v. Train Dispatchers, 499 U.S. 117 (1991) that
ejusdem generis does not apply "when the whole context dictates a different conclusion."
(https://www.law.cornell.edu/wex/ejusdem_generis)
Otherwise stated, the omission of a person , object or thing from an enumeration must be held
to have been omitted intentionally. (Sualog, p. 154)
The maxim operates only if and when the omission has been clearly established, and in such
case what is omitted in the enumeration may not, by construction, be included therein.
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