Chapter v. Construction of words and Phrases in a
statute
A. Construction of contents of a statute; words and
phrases; punctuation
1. General words construed generally
- to be understood in their general sense
-ubi lex non distinguit nec nos distinguire debemos or where
the law does not distinguish neither do we distinguish
- general phrases in a statute should ordinarily be accorded
their natural and general significance
-requires that term or phrase should not be reduced into
parts and one part distinguished from the other so as to
justify its exclusion from the operation of the law.
-generalia verba sunt generaliter intelligenda or that the law
does not make a distinction prevents us from making one
2. Provisos
-an article or clause in a statute that introduces a condition
-to qualify or modify only the phrase
-to be construed with reference to the immediately
preceding part of the provision to which it is attached and
not the statute itself.
-exception to the rule is where the clear legislative intent is
to restrain or qualify not only the phrase immediately
preceding it but also earlier provisions of the statute or even
the statute itself as a whole.
-purpose is to limit the general language
-if there is irreconcilable repugnancy, the former is given
precedence.
3. Ordinary words understood in ordinary sense; technical
words in technical sense
-statute must be taken natural, plain and ordinary
signification in accordance with the common and approved
usage of the language.
-must be given their popularly accepted meaning
-construing a word or expression in the statute with 2 or
more meanings, the court will adopt the interpretation most
in accord with the purpose of the statute.
-if the certain word is doubtful the doubt may be removed
by reference to associate words.
4. Generic words and progressive construction
-laws should be progressively construed so that they may
meet new conditions so long as they fall within the general
purpose of the legislature.
-a progressive interpretation that keeps legislation from
becoming ephemeral and transitory.
5. Punctuation marks.
-weak indicator of legislative intent
-punctuation marks alone is not reliable basis for
interpretation.
6. Use of specific words
A. And / or
-and / conjunctive
-or / disjunctive
-Legal meaning of the words "and/or" should be taken its
ordinary signification.
B. Mandatory and permissive words;
Shall/may
-shall/ mandatory
-may / permissive
-the difference between a mandatory and a directory
provision is determined on grounds of expediency.
C. Including / involving
- including followed by an enumeration generally denotes
that the enumeration is not exclusive.
-include means to take part in or comprise as part of a
whole.
D. Affirmative and prohibitory
-negative prohibitory; statute is to be mandatory
-may ks directory
E. Exception
-doubts should be resolved in favor of the general provision
rather than the exception.
F.  Periods
- year / 365 days
-month / 30 days
- day / 24 hours
-night / sunset to sunrise
- if months are designated by name/ number of days they
have.
G. Plural words; singular words
-provision of a statute that applies to persons or things in
plural form may also be applied to the same person or thing
in a singular form.
B. Association and relationship of words, phrases, and
provisions.
1. Noscitur a sociis
-the doctrine of associated words, where a particular word or
phrase in a statement is ambiguous, its true meaning may be
made clear or specific by considering the company in which
it is found or with which it is associated.
2. Ejusdem Generis
-where in a statute, general words follow a designation of
particular subjects or classes of persons
-"Of the same kind, class, or nature."
-"same kind or specie"
-an attempt to reconcile an incompatibility between specific
and general words so that all words in a statute and other
legal instruments can be given legal effect, all parts of a
statute can be construed together and no words will be
superfluous.
- is to limit the scope of the general word.
-is not applicable if the items specifically enumerated don't
come in the same class
-when the enumeration is only example.
3. Express mention and impliedd exclusion
-expressio unius est exclusio alterius or express mention is
implied exclusion.
-"the express mention of one thing is law as a general rule,
means the exclusion of others not expressly mentioned."
-when people say one thing, they don't mean something else.
-not applicable if the enumeration is not intended to be
exclusive or where the enumeration is by way of example
only.
4.necessary implication
-every statute is understood by implication, to contain all
such provisions as may be necessary to effectuate its object
and purpose , or to make effective rights, powers, privileges
or jurisdiction which it grants, including all such collateral
and subsidiary consequences as may be fairly necessitate
legis.- in eo plus sit, simper inest et minus or the greater
includes the lesser.
5. Casus omissus
-cassus omissus pro omisso habendus est or a person object
or thing enumerated from an enumeration must be held to
have been omitted intentionally.
-invoked by the defendant-appellee
-casus omissis can operate and apply only if and when the
omission has been clearly established.
-the rule of casus omissus is not applicable when the term in
The previous law was substituted with an equivalent word
6. Each to each
-redendo singula singulis or words are to be applied to the
subjects thst seem most appropriately related by the context
and applicability
7. Qualifying terms; last antecedent
-ad proximum antecedents fiat relation nisi impediatur
sentencia or relative words refer to the nearest antecedent,
unless it be prevented by the context
-qualifying words restrict or modify only the words or
phrases to which they are immediately associated and not
those distantly or remotely located.
-and which means to go together
-phrase separated by comma.
-Can be construed to mean that the qualifier is supposed to
apply to all antecedents instead of only the immediately
preceding one.
8. Context and related clauses
-same statute that is related to it could shed light in statutory
interpretation
-rule in statcon, statute must be interpreted with reference to
the context.
Chapter VI
Extrinsic aids of construction
A. Extrinsic aids of construction in general
-refer to tools of interpretation outside the words used in the
statute.
B. Extrinsic aids
1. Legislative deliberations
-refers to the debates of the members of Congress, whether
in a committee, in a plenary session,, or during a bicameral
conference.
-the meaning of a provision during legislative deliberations
may be adopted in case of doubt as to what the provision
means.
-In In legislative debates those who did not speak, may not
have agreed with those who did; and those who spoke might
differ from each other.
the purpose of the inquiry not only to know what the author
meant but to see the language used expresses the meaning.
*legal act
•internal - originates in intention and is perfected by
expression.
•external - care must be taken against overreliance on
legislative deliberations as a tool of construction.
- it's safer to construe the constitution from what appears on
its face
-interpretation depends on how it was understood by the
people than the framers.
2. Legislative history
-refers to the historical background of the passage of the law
-esso decision / illustrates now the court relies on the
historical background of the statutes being construed
together to determine the intention of the legislative
3. Contemporaneous circumstances
-refer to the factual environment existing at the time of
passage of the law
- may shed light as to the intention of the legislature
- the framers of the 1987 constitution know the prevailing
jurisprudence at the time they were drafting the constitution.
-the court doesn't need to know if the president's decision is
correct, it only needs to determine if it has FACTUAL
BASES.
-The court should look to the totality not individually of the
factual basis.
4. Legislative practice; reference to other statutes
-
5. Statutes Borrowed from the foreign jurisdictions
-the construction previously put upon such statute is
likewise adopted and should be interpreted in accordance
with such construction
-the statute does not necessarily include judicial
interpretations in the foreign jurisdiction after it is adopted.
-the general rule of the statute is that courts may take
judicial notice of the origin and history of the statutes to
construe and administer, and of the facts which affect their
derivation, validity and operation.
C. Preference
3 major approaches in the construction of statutes
1. Determining the meaning of the words used
2. Use of canons or rules of construction and resort to
legislative policies or approaches in the interpretation of
certain types of statute 
3. Use of extrinsic aids or materials which are found outside
the four corners of the statute.
- use both intrinsic and extrinsic aids of construction to
confirm legislative intent.
-to determine the true intent of the legislature the whole and
every part must be considered in fixing the meaning of any
of its parts. 
VII Construction of conflict provisions
A. Statutes in Pari Materia
-when they relate to the same person or thing or to the same
class of persons or things, or objects, or cover the same
particular subject matter.
-the general rule in the construction of statutes in Pari
Materia is that they should be read and construed together.
As to form a complete, coherent, and intelligible system. To
attain the purpose of an expressed national policy
-if possible by reasonable construction, both statutes are to
be construed in such a manner that will give effect to the
provisions of each statute.
-interpretare et concordare legibus est Optimus
interpretandi or Every statute must be so construed and
harmonized with the other statutes as to form a uniform
system of jurisprudence.
-however, when the new provision and the old relating to the
same subject cannot be reconciled, the former shall prevail
as it is the latter expression of the legislative will.
B. Rules on resolving statutes in Pari Materia
1. Special Law versus General Law
•general law - a law that is unrestricted as to time, is
applicable throughout the entire country subject to the
power of the legislature that enacted it, and it applies to all
persojs in the same class
•special law - a law that applies to a particular place or
especially to a particular member of members of a class of
persons or things in the same situation but not the entire
class.
-general rule in the construction of special law and general
law the special law prevails over the general law as being an
expression of legislative intent on the more specific matter.
-regardless of their passage date special law is an exception
to what is provided in the general law
-generalia specialibus non derogant or the provisions of a
general statute must yield to the provisions of a special
statute.
-the repeal must be specific in order to the general law be
considered as repealing or amending special law
-where there is a conflict between a general law and special
statute, the special statute should prevail.

2. Substantive Law versus procedural law

Substantive law- creates, defines or regulates rights
concerning life, liberty or property or the powers of agencies
or instrumentalities for the administration of public affairs.
Procedural law - provisions prescribing the method by
which substantive rights may be enforced in courts of
justice.
- a particular may be procedural in one context and
substantive in another.
- the general rule of statcon us that a substantive law cannot
be amended by a procedural rule.
3. Earlier law versus later law; amendment and repeal.
-if the laws cannot be reconciled, then the various special
riles of interpreting statutes in Pari Materia should be
considered. If these special rules do not apply, then one may
consider the later law as amending or impliedly repealing
the earlier law.

Administrative code section 27

"All laws, decrees, orders, rules and regulations, or portions
thereof, inconsistent with this code are hereby repealed or
modified accordingly."
- the intention to repeal must be clear and manifest;
otherwise, at least, as a general rule, the later act is to be
construed as a continuation of, and not a substitute for the
first act.

There are two categories of repeal by implication

1. Where provisions in the two acts on the same subject

matter are in an irreconcilable conflict, the later act to the
extent of the conflict constitutes and implied repeal of the
earlier one.
2.if the later act covers the whole subject of the earlier one
and is clearly intented as a substitute, it will operate to
repeal the earlier law.