Assignment 3 Construction of Words & Phrases

1. General words

General terms in a statute are to receive a general construction, unless retrained by the context
or by plain inferences from the scope and purpose of the act.

General terms or provisions in a statute may be restrained and limited by specific terms or
provisions with which they are associated.

In case word in statute has both restricted and general meaning, GENERAL must prevail; Unless
nature of the subject matter & context in which it is employed clearly indicates that the limited
sense is intended.

Special terms in a statute may sometimes be expanded to a general signification by the

consideration that the reason of the law is general.

WHEN THE WORD USED IN A STATUTE HAS A GENERAL MEANING

The general word should not be given a restricted meaning unless it is otherwise indicated.

· Rationale: if the legislature intended to limit the meaning of a word, it would have been easy
for it to have done so.

This is founded on the Latin Maxim - GENERALIA VERBA SUN GENERALITER INTELLIGENCIA,
which means that what is generally mentioned shall be generally understood; general
words shall be understood in a general sense.

EXAMPLES:
The word "hospital" is known to the general public as a place where sick persons
are treated or confined either for medical treatment, medical examination or operation.
In PD No. 1519, otherwise known as the New Medical Care Law, the word "hospital" is
defined as "any medical
facility, government or private, accredited in accordance with rules and regulations by
the commission." (The word "commission" in PD No. 1519 is understood to be the
Philippine Medical Commission)

The word "medical practitioner" is understood to be a doctor who is engaged in

the general practice of medicine. Under said PD No. 1519, however, the word "medical
practitioner" is defined as any doctor of medicine duly licensed to practice in the
Philippines who is a member in good standing of the Philippine Medical Association and
accredited in accordance with rules and regulations promulgated by the Commission."
 And yet, PD No. 1519, Section 4(a) thereof, defines that the word "individual"
applies only to cases involving natural persons.. (Vda. De Borrorneo v. Pogoy, 126 SCRA
207)

Application of rule
Gatchalian v. COMELEC
· “foreigner”- in Election Code, prohibiting any foreigner from contributing campaign
funds includes juridical person
· “person”- comprehends private juridical person
· “person”- in penal statute, must be a “person in law,” an artificial or natural person

Vargas v. Rillaroza
· “judge” without any modifying word or phrase accompanying it is to be construed in
generic sense to comprehend all kinds of judges; inferior courts or justices of SC.

Word or phrase construed in relation to other provisions

· General rule: word, phrase, provision, should not be construed in isolation but must be
interpreted in relation to other provisions of the law.

· This is a VARIATION of the rule that, statute should be construed as a whole, and each of its
provision must be given effect.

Claudio v. COMELEC
· Statute (LGC): “No recall shall take place within 1 yr from the date of the official’s
assumption of office or 1 year immediately preceding a regular election”

· Issue: Does the 1st limitation embrace the entire recall proceedings (e.g. preparatory
recall assemblies) or only the recall election?

· Held: the Court construed “recall” in relation to Sec.69 which states that, “the power of
recall… shall be exercised by the registered voters of an LGU to which the local elective
official belongs.”

· Hence, not apply to all recall proceedings since power vested in electorate is power to
elect an official to office and not power to initiate recall proceedings.

GENERAL TERMS FOLLOWING SPECIAL TERMS (EJUSDEM GENERIS)

It is a general rule of statutory construction that where general words follow an enumeration of
persons or things, bywords of a particular and specific meaning, such general words are not to
be construed in their widest extent, but are to be held as applying only to persons or things of
the same general kind or class as those specifically mentioned. But this rule must be discarded
where the legislative intention is plain to the contrary.

This rule is commonly called the “ejusdem generis” rule, because it teaches us that broad and
comprehensive expressions in an act, such as “and all others”, or “any others”, are usually to be
restricted to persons or things “of the same kind” or class with those specially named in the
preceding words.

Rule of ejusdem generis merely a tool of statutory construction resorted to when legislative
intent is uncertain.

Mutuc v. COMELEC
· Statute: Act makes unlawful the distribution of electoral propaganda gadgets, pens,
lighters, fans, flashlights, athletic goods, materials and the like”
· Held: and the like, does not embrace taped jingles for campaign purposes

EXPRESS MENTION AND IMPLIED EXCLUSION

It is a general rule of statutory construction that the express mention of one person, thing, or
consequence is tantamount to an express exclusion of all others. “Expressio unius est exclusio
alterius”.
Except:
• When there is manifest of injustice
• When there is no reason for exception.

ASSOCIATED WORDS (NOSCITUR SOCIIS)

· where a particular word or phrase is ambiguous in itself or 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.
· to remove doubt refer to the meaning of associated orcompanion words

Buenaseda v. Flavier
· Statute: Sec. 13(3), Art XI of the Constitution grants Ombudsman power to “Direct the
officer concerned to take appropriate action against a public official or employee at
fault, and recommend his removal, suspension, demotion, fine censure or prosecution.
· “suspension” – is a penalty or punitive measure not Preventive

Magtajas v. Pryce Properties Corp.

· Stat: Sec. 458 of LGC authorized local government units to prevent or suppress
“Gambling & other prohibited games of chance.”
· “Gambling” – refers only to illegal gambling, like other prohibited games of chance,
must be prevented or suppressed
WHEN THE WORD USED HAS NO MEANING IN HARMONY WITH THE LEGISLATIVE INTENT
When the words used have no meaning in harmony with the legislative intent, they can be
treated as surplasage and they may entirely be ignored. Before resorting to this, however, the
courts should construe the statute in its entirety 'and find out if the words used can still admit a
reasonable construction which will give them force and meaning. In the absence of any
reasonable construction, then the said words can be ignored.

Surplusage and superfluity disregarded

· Where a word, phrase or clause in a statute is devoid of meaning in relation to the context or
intent of the statute, or where it suggests a meaning that nullifies the statute or renders it
without sense, the word, phrase or clause may be rejected as surplusage and entirely ignored
· Surplusagium non noceat – surplusage does not vitiate a statute
· Utile per inutile non vitiatur – nor is the useful vitated by the non-useful

Demafiles v. COMELEC
· Issue: whether a pre-proclamation election case has become moot because the
proclaimed winner had immediately taken his oath pursuant to Sec 2 RA 4870 which
provides that the “first mayor, vice-mayor and councilors of the municipality of Sebaste
shall be elected in the next general elections for local officials and shall have qualified”
· It was contended that “shall have qualified” begins immediately after their
proclamation!
· Court held that this is wrong!
o The said phrase is a jargon and does not warrant the respondent’s reading that the
term of office of the first municipal officials of Sebaste begins immediately after their
proclamation
o The King in ‘Alice in Wonderland’: if there is no meaning in it, that saves a world of
trouble, you know, as we need not try to find any
o Apply the general rule when such term begin – the term of municipal officials shall
begin on the 1st day of January following their election

WHEN THE WORD OR PHRASE IS REPEATEDLY USED IN A STATUTE

A word or phrase used in one part of a statute shall receive the same interpretation when used
in every other part of the statute, unless a different meaning is intended. Likewise, when a
word or phrase is repeatedly used in a statute, it will, as a rule, bear the same meaning
throughout the statute. (Kriuenko v. Register of Deeds, 79 Phil. 461)
 2. Provisos

When there is irreconcilable repugnancy between a proviso and the body of a statute, the
former prevails as latest expression of legislative intent.

FUNCTION OF THE PROVISO

Proviso is a clause or part of a clause in the statute, the office of which is either to except
something from the enacting clause, or to qualify or restrain its generality, or to exclude some
possible ground of misinterpretation of its extent.

“Provided” is the word used in introducing a proviso.

Location: commonly found at the end of a statute, or provision & introduced, as a rule, by the
word “Provided”.
· Determined by: What determines whether a clause is a proviso is its substance rather than its
form. If it performs any of the functions of a proviso, then it will be regarded as such,
irrespective of what word or phrase is used to introduce it.

U.S. v. Santo Nino

· Statute: it shall be unlawful for any person to carry concealed about his person any
bowie, knife, dagger, kris or any other deadly weapon: Provided, that this provision shall
not apply
to firearms in the possession of persons who have secured a license therefore or who
are entitled to same under provisions of this Act.

· Held: through the Proviso it manifested the intention to include in the prohibition
weapons other than armas blancas as specified.

Exception and Proviso distinguished

Exception:
· Exempts something absolutely from the operation of statute · Takes out of the statute
something that otherwise would be a part of the subject matter of it.
· Part of the enactment itself, absolutely excluding from its operation some subject or thing that
would otherwise fall within the scope.

Proviso:
· Defeats its operation conditionally.
· Avoids by way of defeasance or excuse
· If the enactment is modified by engrafting upon it a new provision, by way of amendment,
providing conditionally for a new case- this is the nature of proviso.

Similar: in a way since one of the functions of proviso is to except

something from an enacting clause.
 3. Ordinary words (ordinary sense and technical sense)

Words construed in their ordinary sense

· General rule: In the absence of legislative intent, words and phrases should be given their
plain, ordinary, and common usage meaning.

· Should be read and considered in their natural, ordinary, commonly accepted, and most
obvious signification, according to good and approved usage and without resulting to forced or
subtle construction.

Central Azucarera Don Pedro v. Central Bank

· A statute “exempts certain importations from tax and foreign exchange, which are
actually used in the manufacture or preparation of local products, forming part
thereof.”
· “Forming part thereof” not to mean that the imported products have to be mixed
mechanically, chemically, materially into the local product & lose its identity.
· Means that the imported article is needed to accomplish the locally manufactured
product for export.

CIR v. Manila Business Lodge 761

· “business” (if unqualified) in tax statute: plain and ordinary meaning to embrace
activity or affair where profit is the purpose & livelihood is the motive.
· In this case, a fraternal social club selling liquor at its clubhouse in a limited scale only
to its members, without intention to obtain profit
· Not engaged in business

WHEN THE WORD USED HAS A TECHNICAL MEANING

When the words or phrase used have a technical meaning, they are considered to have been
used in their technical sense.

EXAMPLES:
The word "marriage" has a very special meaning and technical meaning under
Article 1 of the Family Code of the Philippines which provides as follows:

"Article 1. Marriage is a special contract of permanent union between a man and

a woman entered into in accordance with law for the establishment of conjugal and
family life. It is the foundation of the family and an inviolable social institution whose
nature, consequences, and incidents are governed by law and not subject to stipulation,
except that marriage settlements may fix the property relations during the marriage
within the limits provided by this Code"
 The term "negotiable instrument" has a technical meaning under Section 1 of
the Negotiable Instruments Law. It provides as follows:

"Section 1. Form of negotiable instrument. - An instrument to be negotiable

must conform to the following requirements:
a) It must be in writing and signed by the maker or drawer;
b) Must contain an unconditional promise or order to pay a sum certain in money;
c) Must be payable on demand or at fixed or determinable future time;
d) Must be payable to order or to bearer; and
e) Where the instrument is addressed to a drawee, he must be named or otherwise
indicated therein with reasonable certainty."

MACASAET v. COMMISSION ON AUDIT G.R. No. 83748, May 12, 1989

2.) The very terminologies used in the contract call for affirmative relief in petitioner's
favor. The use of the terms "actual construction cost," graduating into "final actual
project cost" is significant.
6.) The terminologies in the contract being clear, leaving no doubt as to the intention of
the contracting parties, their literal meaning control (Article 1370, Civil Code).

Words with technical or legal meaning

·General rule: words that have, or 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

·Presumption: language used in a statute, which has a technical or well-known meaning, is used
in that sense by the legislature

Manila Herald Publishing Co. v. Ramos

·Sec 14 of Rule 59 of Rules of Court which prescribes the steps to be taken when
property attached is claimed by a person other than the defendant or his agent

· Statute: “nothing herein contained shall prevent such third person from vindicating his
claim to the property by any proper action.”

· Issue: “proper action” limits the 3rd party’s remedy to intervene in the action in which
the writ of attachment is issued

·Held: “action” has acquired a well-defined meaning as an “ordinary suit in a court of

justice by which one party prosecutes another for the enforcement or protection of a
right or prevent redress or wrong…
While…
·Sec 2 Rule 2 of Rules of Court; “Commencement of Action”
·Statute: “Civil action may be commenced by filing a complaint with the proper court”
·Word: commencement - indicates the origination of entire proceeding
· It was appropriate to use proper action (in 1st statute) than intervention, since
asserted right of 3rd party claimant necessarily flows out of pending suit;

Malanyaon v. Lising
· Sec. 13 of Anti-Graft Law
· Statute: “ if a public officer is acquitted, he shall be entitled to reinstatement and to his
salaries and benefits which he failed to receive during the suspension”

· Issue: Will a public officer whose case has been dismissed not “acquitted” be entitled
to benefits in Sec. 13?

· Held: No. Acquittal (legal meaning) - finding of not guilty based on the merit.
· Dismissal does not amount to acquittal except when, the dismissal comes after the
prosecution has presented all its evidence and is based on insufficiency of such
evidence.

Words with commercial or trade meaning

·Words or phrases common among merchants and traders, acquire commercial meanings.

·When any of words used in statute, should be given such trade or commercial meaning as has
been generally understood among merchants.

·Used in the following: tariff laws, laws of commerce, laws for the government of the importer.

·The law to be applicable to his class, should be construed as universally understood by

importer or trader.

Asiatic Petroleum Co. v. CIR

· No tax shall be collected on articles which, before its taking effect, shall have been
“disposed of”
·Lay: parting away w/ something
·Merchant: to sell (this must be used)

San Miguel Corp. v. Municipal Council of Mandaue

·“gross value of money”
Merchant: “gross selling price” which is the total amount of money or its equivalent which
purchaser pays to the vendor to receive the goods.
 4. Generic words and progressive construction

Generic term includes things that arise thereafter

· Progressive interpretation - A word of general signification employed in a statute, in absence
of legislative intent, to comprehend not only peculiar conditions obtaining at its time of
enactment but those that may normally arise after its approval as well

· Progressive interpretation extends to the application of statute to all subjects or conditions

within its general purpose or scope that come into existence subsequent from its passage

· Rationale: to keep statute from becoming ephemeral (shortlived) and transitory (not
permanent or lasting).

· Statutes framed in general terms apply to new cases and subjects that arise.

· General rule in StatCon: Legislative enactments in general comprehensive operation, apply to

persons, subjects and businesses within their general purview and scope coming into existence
subsequent to their passage.

Geotina v. CA
· “articles of prohibited importation” - used in Tariff and Customs Code embrace not
only those declared prohibited at time of adoption, but also goods and articles subject
of activities undertaken in subsequent laws.

Gatchalian v. COMELEC
· “any election” - not only the election provided by law at that time, but also to future
elections including election of delegates to Constitutional Convention

5. Punctuation marks

THERE ARE 14 PUNCTUATION MARKS: period, question mark, exclamation point, comma,
semicolon, colon, dash, hyphen, parentheses, brackets, braces, apostrophe, quotation marks,
and ellipses. As a rule, punctuation marks are not reliable indicators of intent, but they can
buttress interpretations.

The old but still useful case—Agcaoili v. Suguitan (Feb. 13, 1926), cited in professor Ricardo M.
Pilares III’s “Statutory Construction: Concept and Cases”—explained in elegant language the
difference between a semicolon and a comma, “… a semicolon is a mark of grammatical
punctuation, in the English language, to indicate a separation in the relation of [a] thought, a
degree greater than that expressed by a comma, and what follows the semicolon must have
relation to the same subject matter which precedes it … [It] is never used for the purpose of
introducing a new idea … The comma and the semicolon are both used for the same purpose,
namely, to divide sentences and parts of sentences, the only difference being that the
semicolon makes the division a little more pronounced than the comma. The punctuation used
in the law may always be referred to for the purposes of ascertaining the true meaning of a
doubtful statute…”

Punctuation marks
· Semi- colon – used to indicate a separation in the relation of the thought, what follows must
have a relation to the same matter it precedes it.

· Comma and semi- colon are use for the same purpose to divide sentences, but the semi –
colon makes the division a little more pronounce. Both are not used to introduce a new idea.

· Punctuation marks are aids of low degree and can never control against the intelligible
meaning of written words.

· An ambiguity of a statute which may be partially or wholly solved by a punctuation mark may
be considered in the construction of a statute.

· The qualifying effect of a word or phrase may be confined to its last antecedent if the latter is
separated by a comma from the other antecedents.

· An argument based on punctuation is not persuasive.

Illustrative examples
Florentino v. PNB
· “who may be willing to accept the same for such settlement”
– this implies discretion
· SC held: only the last antecedent – “any citizen of the Philippines or any association or
corporation organized under the laws of the Philippines”
· xxx pursuant to which backpay certificate-holders can compel government-owned
banks to accept said certificates for payment of their obligations subsisting at the time
of the amendatory act was approved

Nera v. Garcia
· “if the charge against such subordinate or employee involves dishonesty, oppression,
or grave misconduct or neglect in the performance of his duty”
· “dishonesty” and “oppression” – need not be committed in the course of the
performance of duty by the person charges

Peo. v. Subido
· Subsidiary imprisonment in case of insolvency qualifies both non-payment of indemnity
and non-payment of fine
 6. Use of specific words:
a. And/or

The use of the term "and /or” means that effect shall be given to both the conjunctive "and"
and the disjunctive "or” depending on which one will serve the legislative intent.

Romulo v. Home Development Mutual Fund (June 19, 2000) held that “the legal meaning of the
word ‘and/or’ should be taken in its ordinary signification, i.e., ‘either and or;’ e.g., butter
and/or eggs means butter and eggs, or butter or eggs … the intention of the legislature in using
the term ‘and/or’ is that the word ‘and’ and the word ‘or’ are to be used interchangeably.”

THE USE OF THE TERM “AND” AND THE WORD “OR”

“And” means conjunction connecting words or phrases expressing the idea that the latter is to
be added or taken along with the first.

As a Rule
The word "and" is a conjunctive term, and if it is used in a sentence, it means that the members
of a sentence are to be taken jointly.

Exception
The word "and" may mean "or" if this is the plain intention of the legislature which
could be gleaned from the context of the statute.

“Or” is a disjunctive particle used to express as alternative or to give a choice of one among two
or more things. Hence, when "or" is used, the various members of the sentence are to be taken
separately.

It is also used to clarify what has already been said, and in such cases, means “in other words,”
“to wit,” or “that is to say.”

b. Mandatory and permissive words

Mandatory and directory statutes, generally

· Mandatory statute – commands either positively that something be done in a particular way,
or negatively that something be not done; it requires OBEDIENCE, otherwise void.

· Directory statute – permissive or discretionary in nature and merely outlines the act to be done
in such a way that no injury can result from ignoring it or that its purpose can be accomplished
in a manner other than that prescribed and substantially the same result obtained; confer
direction upon a person; non-performance of what it prescribes will not vitiate the proceedings
therein taken.

Test to determine nature of statute

· Test is to ascertain the consequences that will follow in case what the statute requires is not
done or what it forbids is performed
· Does the law give a person no alternative choice? – if yes, then it is mandatory
· Depends on the effects of compliance
o If substantial rights depend on it and injury can
result from ignoring it; intended for the protection of the citizens and by a disregard of
which their rights are injuriously affected – mandatory
o Purpose is accomplished in a manner other than that prescribed and substantially the
same results obtained – directory

· Statutes couched in mandatory form but compliance is merely directory in nature

o If strict compliance will cause hardship or injustice on the part of the public who is not
at fault
o If it will lead to absurd, impossible, or mischievous consequences
 If an officer is required to do a positive act but fails because such actions will
lead to the aforementioned, he will only be subject to administrative sanction for
his failure to do what the law requires

· Generally mandatory – command words

o Shall or Shall not
o Must or Must not
o Ought or Ought not
o Should or Should not
o Can or Cannot

Generally directory – permissive words

o May or May not

Use of “shall” or “must”

· Generally, “shall” and “must” is mandatory in nature
· If a different interpretation is sought, it must rest upon something in the character of the
legislation or in the context which will justify a different meaning
· The import of the word ultimately depends upon a consideration of the entire provision, its
nature, object and the consequences that would follow from construing it one
way or the other
Loyola Grand Villa Homeowners (South) Assn., Inc. v. CA
· “must” construed as directory
 · Corporation Code Sec 46 reads “ every corporation formed under this Code MUST
within one month after receipt of official notice of the issuance of its certification of
incorporation with the SEC, adopt a code of by-laws for its government not inconsistent
with this Code”

As a rule, the word “shall” means that the requirement is mandatory, while the use of the word
“may” means that the provision is permissive. Nonetheless, the Court sometimes construes the
word “shall” as permissive depending on its context. For example, Marcelino v. Cruz (March 18,
1983) held that the provision in the 1973 Constitution stating in part that “the maximum period
within which a case or matter shall be decided or resolved from the date of its submission shall
be 18 months (24 months under the current 1987 Constitution) for the Supreme Court …”
should be construed as merely permissive because the law on the periods for deciding cases is
procedural in nature. Under Article VIII, Section 5 of the 1987 Constitution, the Supreme Court
has the power to promulgate rules “concerning … procedure in all courts.”

 permissive - allowed but not obligatory; optional.

• The term “may” is indicative of a mere possibility, an opportunity or an option.

The term “shall” may be either as mandatory or directory depending upon a consideration of
the entire provision in which it is found, its object and consequences that would follow from
construing it one way or the other.

Negative terms "CANNOT," "SHALL NOT," and "NO"

The use of these words in a statute indicates the intention of the legislature to make the law
mandatory and prohibitive.

EXAMPLE:
"The privilege of the writ of habeas corpus shall not be suspended except in cases of
invasion or rebellion when the public safety requires it." (Section 15, Article III, 1987
Constitution)

Use of the word “may” in the statute generally connotes a permissible thing, and operates to
confer discretion while the word “shall” is imperative, operating to impose a duty which may be
enforced.

USE OF THE WORD “MUST”

The word “must” in a statute like “shall” is not always imperative and may be consistent with
an exercise discretion.
 c. Including/involving

The landmark case, La Bugal-B’laan v. Ramos (Dec. 14, 2004), ruled that the use of the word
“involving” in the sentence “The President may enter into agreements with foreign-owned
corporations involving either technical or financial assistance …” in Article XII, Section 2 of the
1987 Constitution, “implies that these agreements with foreign corporations are not limited to
mere financial or technical assistance. The difference in sense becomes very apparent when we
juxtapose ‘agreements for technical or financial assistance’ against ‘agreements including
technical or financial assistance.’ This much is unalterably clear in a verba legis approach.” The
Court said that the word “involving” should be understood in the sense of “including.”

d. Affirmative and prohibitory words

USE OF NEGATIVE WORDS

Negative words and phrases regarded as mandatory while those affirmative are mere directory.
The word “shall” emphasizes mandatory character and means imperative, operating to impose
a duty which may be enforced.

Use of negative, prohibitory or exclusive terms

· A negative statute is mandatory; expressed in negative words or in a form of an affirmative
proposition qualified by the word “only”
· “only” - exclusionary negation
· Prohibitive or negative words can rarely, if ever, be discretionary

THE QUALIFYING WORDS “RESTRICT OR MODIFY” refers only to the words or phrases to which
they are immediately associated, and not to those distantly or remotely located. Thus, if an
ordinance states that an environmental requirement does not apply to “motorbikes, cars, vans,
and trucks under two tons,” the qualifier “under two tons” refers only to trucks and not to
motorbikes, cars, and vans.

PROHIBITORY PROVISIONS GIVEN LITERAL AND STRICT INTERPRETATION

Guidelines in construction and interpretation of the constitution are stressed:
1. The Court in construing a Constitution should bear in mind the object sought to be
accomplished by its adoption, and the evils, if any, sought to be prevented or remedied.

2. One provision of the Constitution is to be separated from all the others, to be

considered alone, but that all provisions bearing upon a particular subject are to be
brought into view and to be interpreted as to effectuate the great purposes of the
instrument.
 3. The proper interpretation of the Constitution depends more on how it was understood
by the people adopting it than the framer’s understanding thereof.

e. Exceptions

Exceptions, generally
· Exception consists of that which would otherwise be included in the provision from which it is
excepted.
· It is a clause which exempts something from the operation ofa statute by express words.
· “except,” “unless otherwise,” and “shall not apply”
· May not be introduced by words mentioned above, as long as if such removes something from
the operation of a provision of law.
· Function: to confirm the general rule; qualify the words or phrases constituting the general
rule.
· Exceptio firmat regulam in casibus exceptis - A thing not being excepted, must be regarded as
coming within the purview of the general rule.
· Doubts: resolved in favor of general rule

Tolentino v. Secretary of Finance

· Statute: No bill shall be passed by either House shall become a law unless it has passed
3 readings on separate days, & printed copies thereof in its final form have been
distributedto its Members 3 days before its passage, except when the President certifies
to the necessity of its immediate enactment to meet a public calamity or emergency.

· Held: it qualifies only its nearest antecedent, which is the distribution of the printed bill
in its final form 3 days from its final passage and not the 3 readings on separate days.

Gorospe v. CA (exception need not be introduced by “except” or “unless”)

· Statute: Rule 27 of Rules of Court, “service by registered mail is complete upon actual
receipt by the addressee; but if fail to claim his mail from the post office within 5 days
from date of first notice of the postmaster, service shall take effect at the expiration of
such time.”

· Issue: Whether actual receipt the date of a registered mail after 5 day period, is the
date from which to count the prescriptive period to comply with certain requirements.

· Held: Service is completed on the 5th day after the 1st notice, even if he actually
received the mail months later.
· 2nd part is separated by semicolon, and begins with ‘but’ which indicates exception.
 f. Periods

COMPUTATION OF TIME
When the laws speak of years, months, days or nights, it shall be understood that years are of
three hundred sixty five days each; months of thirty days; days of twenty –four hours; and
nights from sunset to sunrise.

If months are designated by their name, they shall be computed by the number of days which
they respectively have.
In computing a period, the first day shall be excluded, and the last day included (Art. 13, New
Civil Code).
A “week” means a period of seven consecutive days without regard to the day of the week on
which it begins.

g. Plural words and singular words

The singular includes the plural, and the plural includes the singular.

Generally, it’s good drafting practice to use the singular tense, e.g., referring to a child instead
of children, a parent instead of parents, or a car or sign instead of cars and signs. But that
doesn’t mean that the statute applies only to a single child, parent, car, or sign because the
singular includes the plural.

Number and gender of words

· When the context of a statute so indicates, words in plural include the singular, and vice versa.

· A plural word in a statute may thus apply to a singular person or thing, just as a singular word
may embrace two or more persons or things

· Art. 996 CC – (law on succession) such article also applies to a situation where there is only
one child because “children” includes “child”

· Election Code – “candidate” comprehends “some candidates” or “all candidates”

· On gender – the masculine, but not the feminine, includes all genders, unless the context in
which the word is used in the statute indicates otherwise

The Word "ALL," "EVERY," and "ANY"

The word "all” may be used in its universal sense or in its comprehensive sense. The phrase "all
laws inconsistent with or contrary to this act are hereby repealed," refers not only to laws
that are existing at the time the repealing law is enacted but also to all rules and regulations
intended to implement them.

The phrase "all the qualifications and none of the disqualifications" found in the petition for
naturalization and as required by CA 473, means that the applicant possesses all the
qualifications prescribed in the said law, and that the applicant must not have any or all of the
disqualifications provided in the law. (Ly Hong v. Republic, G.R. No. L-14630, September 30,
1960, Section 5, CA No. 473)

This necessarily means that every ground of disqualification or any of the grounds for
disqualifications is sufficient to deny the application for citizenship.

The Words "AND SO FORTH,' and "AND THE LIKE"

The words "and so forth" refers to those similar to what is enumerated or mentioned preceding
the words "and so forth."

This is similar to the phrase "and others of similar character."

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