STATUTORY CONSTRUCTION NOTES
MODULE 8 REVIEWER: INTERPRETATION OF WORDS AND PHRASES
A. In General
• A word or phrase used in a statute may have an
ordinary, generic, restricted, technical, legal,
commercial, or trading meaning.
• May be defined in the statute – if this is done, use such
definition because this is what the legislature intended.
• Task:
o ascertain intent from statute
o ascertain intent from extraneous & relevant
circumstance
o construe word or phrase to effectuate such
intent
• General rule in interpreting the meaning and scope
of a term used in the law: Review of the WHOLE law
involved as well as the INTENDMENT of law (not of an
isolated part or particular provision alone)
1. General words construed generally.
• Maxim: Generalia verba sunt generaliter
intelligenda - what is generally spoken shall be
generally understood; general words shall be
understood in a general sense.
• Maxim: Generale dictum generaliter est
interpretandum - a general statement is understood in
a general sense.
• 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.
• General words should not be given a restricted
meaning when no restriction is indicated.
o Rationale: if the legislature intended to limit
the meaning of a word, it would have been
easy for it to have done so.
2. 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.
• It 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.
o Rationale: to keep statute from becoming
ephemeral (short-lived) and transitory (not
permanent or lasting).
B. Where the Law does not distinguish
• Maxim: Ubi lex non distinguit, nec nos distinguere
debemus – where the law does not distinguish, courts
should not distinguish.
• Corollary principle: General words or phrases in a
statute should ordinarily be accorded their natural and
general significance.
• General term or phrase should not be reduced into
parts and one part distinguished from the other to
justify its exclusion from operation.
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• Corollary principle: where the law does not make any
exception, courts may not except something therefrom,
unless there a compelling reason to justify it.
• Application: when legislature laid down a rule for one
class, no difference to other class.
o Presumption: that the legislature made no
qualification in the general use of a term.
C. Disjunctive and Conjunctive Words
• Word “or” is a disjunctive term signifying
disassociation and independence of one thing from
each other.
• The use of the disjunctive word "or" between two
phrases connotes that either phrase serves as
qualifying phrase.
• The term "or'' has sometimes been held to mean "and"
when the spirit or context of the law so warrants.
• “or” equivalent of “that is to say”
• “And” is a conjunction pertinently defined as meaning
“together with,” “joined with,” “along with,” “added
to” or “linked to”
o Never to mean “or”
o Used to denote joinder or union
• “and/or” - means that effect should be given to both
conjunctive and disjunctive term.
o term used to avoid construction which by use
of disjunctive “or” alone will exclude the
combination of several of the alternatives or
using conjunctive “and” will exclude the
efficacy of any one of the alternatives
standing alone.
D. Noscitur a sociis
• Maxim: it is known from its associates.
• 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 or
companion words.
E. Ejusdem generis
• Maxim: of the same kind or species
• General rule: 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.
• Purpose: give effect to both particular or general
words, by treating the particular words as indicating the
class and the general words as indicating all that is
embraced in said class, although not specifically
named by the particular words.
• Principle: based on proposition that had the legislature
intended the general words to be used in their generic
and unrestricted sense, it would have not enumerated
the specific words.
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MODULE 8 REVIEWER: INTERPRETATION OF WORDS AND PHRASES
• Presumption: legislators addressed specifically to the
particularization.
• Limitations:
o Requisites:
1. Statute contains an enumeration of
particular & specific words, followed by
general word or phrase.
2. Particular and specific words constitute a
class or are the same kind.
3. Enumeration of the particular & specific
words is not exhaustive or is not merely
by examples.
4. There is no indication of legislative intent
to give the general words or phrases a
broader meaning.
• Rule of ejusdem generis, is not of universal
application; it should use to carry out, not defeat the
intent of the law.
F. Expressio unius est exclusion alterius
• Maxim: The express mention of one person, thing or
consequence implies the exclusion of all others.
• Rule may be expressed in a number of ways:
o Maxim: Expressum facit cessare tacitum -
what is expressed puts an end to that which
is implied where a statute, by its terms, is
expressly limited to certain matters, it may
not, by interpretation or construction, be
extended to other matters.
o Maxim: Exceptio firmat regulam in casibus
non exceptis - A thing not being excepted
must be regarded as coming within the
purview of the general rule.
1. Negative opposite doctrine
o Maxim: Argumentum a contrario- what is
expressed puts an end to what is implied.
2. Limitations of the rule
• It is not a rule of law, but merely a tool in
statutory construction.
• Expressio unius est exclusion alterius, no
more than auxiliary rule of interpretation to be
ignored where other circumstances indicate
that the enumeration was not intended to be
exclusive.
• Does not apply where enumeration is by way
of example or to remove doubts only.
G. Doctrine of Casus omissus
• Maxim: Casus omissus pro omisso habendus est -
A person, object or thing omitted from an enumeration
must be held to have been omitted intentionally.
• The maxim operates only if and when the omission has
been clearly established, and in such a case what is
omitted in the enumeration may not, by construction,
be included therein.
o Exception: where legislature did not intend to
exclude the person, thing or object from the
enumeration. If such legislative intent is
clearly indicated, the court may supply the
omission if to do so will carry out the clear
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intent of the legislature and will not do
violence to its language.
H. Reddendo singula singulis
• Maxim: Referring each to each; Referring each phrase
or expression to its appropriate object, or let each be
put in its proper place, that is, the word should be taken
distributively.
• Variation of the doctrine of last antecedent
• Doctrine of last antecedent:
o Qualifying words restrict or modify only the
words or phrases to which they are
immediately associated not those which are
distantly or remotely located.
o Maxim: Ad proximum antecedens fiat
relatio nisi impediatur sententia – relative
words refer to the nearest antecedents unless
the context otherwise requires.
o Rule: use of a comma to separate an
antecedent from the rest exerts a dominant
influence in the application of the doctrine of
last antecedent.
I. Provisos, Exceptions and Saving Clauses
1. Provisos
• to limit the application of the enacting clause,
section, or provision of a statute, or except
something, or to qualify or restrain its generality, or
exclude some possible ground of misinterpretation
of it, as extending to cases not intended by
legislature to be brought within its purview.
• Rule: restrain or qualify the generality of the
enacting clause or section which it refers.
• Purpose: limit or restrict the general language or
operation of the statute, not to enlarge it.
• 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.
• Proviso may enlarge (than restrict) the scope of
law, but it is still the duty of the courts to ascertain
the legislative intention and it prevails over
proviso.
2. Exceptions
• 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 of a 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.
• Maxim: Exceptio firmat regulam in casibus
exceptis - A thing not being excepted, must be
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MODULE 8 REVIEWER: INTERPRETATION OF WORDS AND PHRASES

regarded as coming within the purview of the

general rule.
• Doubts: resolved in favor of general rule
3. Exception and Proviso distinguished.
• Exception:
o Exempts something absolutely from the
operation of statute.
o Takes out of the statute something that
otherwise would be a part of the subject
matter of it.
o Part of the enactment itself, absolutely
excluding from its operation some
subject or thing that would otherwise fall
within the scope.
• Proviso:
o Defeats its operation conditionally.
o Avoids by way of defeasance or excuse.
o 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.
4. Saving Clauses
• Provision of law which operates to except from the
effect of the law what the clause provides or save
something which would otherwise be lost.
• Used to save something from effect of repeal of
statute.
• Legislature: in repealing a statute, they may
preserve in the form of a saving clause, the right
of the state to prosecute and punish offenses
committed in violation of the repealed law.
• Where existing procedure is altered or
substituted by another: It is usual to save those
proceedings under the old law at the time the new
law takes effect.
• Construed: in light of intent by legislature
• Construction: Given strict or liberal meaning
depending on nature of statute.

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