Chapter 5: Interpretation of Words and Phrases act” as mandated in Sec. 4.

The equal protection clause

demands that “all persons subject to such legislation
A. In General shall be treated alike, under like circumstances and
1. Generally conditions, both in the privileges conferred (granted)
-A word or phrase used in a statute may have: and in the liabilities imposed.”
-ordinary, generic, restricted, technical, legal, 2. Statutory Definition
commercial, or trade meaning What does a statute define?
-defined in the statute itself -It defines particular words and phrases used therein
-have previously received a judicial sometimes
construction
What controls the meaning of a statutory word?
What meaning should be given to a word or phrase in -The legislative definition (irrespective of any other
a statute? meaning the word or phrase may have in its
-Depends what the legislature intended: ordinary/usual sense)
-Primarily: from the statute itself
-Secondarily: from extraneous and relevant What happens if a statute defines a word or phrase?
circumstances -The word or phrase should, by construction, not be
given a different meaning
What happens after ascertaining legislative intent of
such words? What happens if the legislature defines a word used in
-Construe the word or phrase in such a way as to a statute?
effectuate such intent -It does not usurp (take over) the Court’s function to
interpret laws but it merely legislates what should
What is the general rule in interpreting the meaning form part of the law itself
and scope of a term used in a law?
-Careful review of the whole law involved and the What should the word or phrase defined do?
intendment (the true meaning of something as fixed by -The definition must be adopted in applying and
law) of law enforcing such law
-ascertained from a consideration of statute as a
WHOLE -Ex: RA 1161 defined “compensation” to include all
-must be made to determine the real intent of the law remunerations, except bonuses, allowances, and
overtime pay —> this definition was changed by the
Hon. Secretary Vincent Perez vs LPG Refillers amendment of the law, the exceptions were deleted
Association of the Philippines -Ruling: Such amendment shows the legislative intent
-Ruling: the use of a general term in statute does not that bonuses and overtime pay must now be included
make the law uncertain, as long as the term is CLEAR in the remuneration
or made so from the WHOLE statute —> whatever prior judicial or executive construction
given to the phrase should give way to the clear
Is a criminal statute uncertain and void by using mandate of the new law
general terms? (Meaning in new law prevails)
-No. The legislature has no constitutional duty to
define each and every word in an enactment -Ex: W/N a person who practiced chiropractic without
-As long as the legislative will is 1) clear and 2) can be being duly licensed to practice medicine may be
gathered from the whole act criminally liable for violation of the medical law
-Ruling: Yes. Chiropractic may not in its ordinary
Ex: BP Blg. 33, the DOE filled up the details and the sense fall within the meaning of the term “practice of
manner through which BP Blg. 33 may be carried out. medicine” but it is statutorily defined clearly including
-Respondent argues that the Circular is no longer manipulations employed in chiropractic and whoever
regulatory in providing penalties on a per cylinder practices chiropractic without license to practice
basis, but already confiscatory (relating to or effecting medicine is criminally liable.
confiscation) in nature
Ruling: The Circular its not confiscatory in providing -Ex: W/N an alien who comes into the country as
penalties on a per cylinder basis. Those penalties do temporary visitor is an “immigrant”
not exceed Sec. 4 of BP 33 as amended, which -Ruling: Yes. The term “immigrant” under its ordinary
penalises “any person who commits any act therein definition denotes (indicates) an alien who comes to
prohibited.” The violation falls within the phrase “any the Philippines for permanent residence. The
Immigration Act defined “immigrant,” which is “any
alien departing from any place outside the Philippines 4. Words construed in their ordinary sense
destined for the Philippines, other than a non- What is the general rule in construing words and
immigrant.” The term includes every alien coming phrases in a statute?
into the country either permanently or temporarily, -In the ABSENCE of legislative INTENT to the
unless he can bring himself within one of the contrary, they should be given their PLAIN,
exceptions. ORDINARY, and COMMON USAGE MEANING.
-The words should be read and considered in their
Should definitions of terms in a statute be given all NATURAL, ORDINARY, COMMONLY accepted,
weight due them? and most OBVIOUS signification, according to good
-Yes through the construction of the provision in and approved usage (without resorting to forced or
which they are used BUT the terms must be given subtle construction)
effect in their ENTIRETY as a HARMONIOUS,
COORDINATED, and INTEGRATED unit. The How are words presumed to have been employed by
terms should be construed with the context of the the lawmaker?
WHOLE statute. -in their ORDINARY and COMMON use and
3. Qualification of Rule acceptation
Is the statutory definition of a word or term “as used
in this Act” controlling? What is that rule that Courts should NOT presume?
-Yes, only to the extent that as said Act is concerned -that the lawmaking body did not know the meaning
of the words and rules of grammar
Is the definition conclusive (unquestionable) as to the
meaning of the same word or term as used in other Should the grammatical and ordinary reading of a
statutes? statute be presumed to yield (give) its correct sense?
-No, particularly with respect to transactions that took -Yes
place before the enactment of the Act
Should words in a statute be generally given their
When does the general rule, statutory definitions ordinary or usual meaning?
control the meaning of statutory words, NOT apply? -Yes, they should not be given a strict or limited
1. Application creates obvious incongruities signification in the absence of a legislative intent
(inappropriateness) in the language of the statute
2. Destroys one of its major purposes -Ex: When a statute exempts certain importations from
3. Becomes illogical as a result of a change in its tax on foreign exchange, which are actually used in the
factual basis manufacture or preparation of local products, are
—> the statutory definition will be disregarded and the actually exported, the phrase “FORMING PART
word given a meaning that will avoid such THEREOF” does not mean that the imported articles
results/consequences should be merged into the local product
—> it means, in ORDINARY sense, that the imported
-Ex: RA 4166, EO 900, and EO 901 the term article is needed to accomplish the export abroad of
“sugarcane planter” is defined as a plant-owner of the product locally manufactured
sugarcane plantation within the particular sugar mill
district who has been allocated export and/or domestic -Ex: When the word “BUSINESS” used in a tax statute
and reserve sugar quotas is NOT qualified, it should be understood in its PLAIN
—> this statutory definition EXCLUDES emergency, and ORDINARY meaning to embrace activities or
non-quota, non-district, and accommodation planters. affairs where profit is the purpose or livelihood is the
Why? They have NO sugar quotas. motive
-In 1995, the quota system was ABOLISHED and not
reintroduced -Ex: A fraternal social club selling liquor at its
-Ruling: With the change in situation, it would be clubhouse limited to only its members and their guests,
illogical to continue adhering (sticking) to the previous without intention to obtain profit, is NOT engaged in
definitions that already lost legal effect “business”

What if a statute remains UNCHANGED? -Ex: The term “PRESENT VALUE” in the provision,
-It must be interpreted according to its clear and which states that “for those who are at least 65 yrs. old,
original mandate until the legislature sees fit to enact lump sum payment of present value of annuity for the
the necessary amendment first 5 years and future annuity to be paid monthly:
Provided, however, that there shall be no discount -This means that lumber is a processed log or
from annuity for the first five years of those who are processed forest raw material —> the Code uses the
65 or over on the date term “Lumber” in its ORDINARY or COMMON
—> the law took effect and the term is used in its usage.
ORDINARY sense. Why? Because the law grants to -Ubi lex non distinguit nec nos distinguere debemus:
the retired employee substantial sum for his “The PD makes no distinction between raw or
sustenance considering his age and any doubt in the processed timber. Neither should we.”
law should be resolved in his favor
IN THE ABSENCE OF LEGISLATIVE INTENT TO
-Ex: When a statute provides that “PERSONS WHO THE CONTRARY, WORDS AND PHRASES USED
WERE RETIRED AND PAID GRATUITY” may IN A STATUTE SHOULD BE GIVEN THEIR
optionally elect to receive in lieu of such gratuity the PLAIN, ORDINARY, AND COMMON USAGE
annual retirement pay MEANING
—> the Court may not construe the words as including
those military personnel who are yet to retire after the 5. General words construed generally
law took effect Should a word of general significance in a statute be
taken in its ordinary and comprehensive sense?
Matuguina Integrated Wood Products Inc. vs CA -Yes, unless it is shown that the word is intended to be
-Issues W/N A transferee of a forest concession is given a different or restricted meaning
liable for obligations arising from the transferor’s
illegal enroachment (intrude) into another forest What is Generalia verba sunt generaliter
concessionaire committed before the transfer intelligenda?
-Sec. 61 of PD 75 “the transferee shall assume all the -What is generally spoken shall be generally
obligations of the transferor” understood or
-Ruling: No. The transferee was not liable. Why? In -General words shall be understood in a general sense
construing statutes, the terms used therein are
generally to be given their ORDINARY meaning, What is Generale dictum generaliter est
such meaning which is ascribed to them when they are interpretandum?
commonly used, to the end that absurdity in the law -A general statement is understood in a general sense
must be avoided
-The term “OBLIGATIONS” is construed to mean What if a word in a statute has BOTH a restricted and
those obligations incurred by the transferor in the general meaning?
ordinary course of business. -The general must prevail over the restricted UNLESS
-It cannot mean those obligations, incurred by the nature of the subject matter or the context in which
transferor, as a result of transgressions (offense) of the it is employed CLEARLY indicates that the restricted
law. Why? These are personal obligations of the meaning is intended
transferor and could not be included in the term
“obligations” What if a general word is used in a statute?
-Its generic meaning may not be restricted by other
Mustang Lumber Inc. vs CA words, UNLESS the intention to do so is clear and
-The word “timber” is used in Sec. 68 PD 705, which manifest (showed)
penalises the cutting, gathering, and/or collecting
timber or other forest products without a license A GENERAL WORD SHOULD NOT BE GIVEN A
-Issue: W/N the word “LUMBER” is included in the RESTRICTED MEANING WHERE NO
word “TIMBER” RESTRICTION IS INDICATED
-Trial court: The subject matter of the charge is
“lumber,” which is NOT timber and NOT other forest What if the legislature has intended to limit the
products meaning of a word?
-Ruling: Yes. Lumber is included in the term timber. -It would be clear that it did.
The Revised Forestry Code contains NO definition of -If it did not, it gives rise to the PRESUMPTION that
either timber or lumber. “Timber” is included in forest it has NOT limited nor intended to limit the meaning
products and “lumber” is found in a paragraph of the of the word
law: processing plant is any mechanical set-up,
machine, or combination of machine used for the 6. Application of Rule
processing logs and other forest raw materials into What is Generalia verba sunt generaliter
lumber, veneer…” intelligenda?
Illustration 1 -It extends, by construction, the APPLICATION of a
-The word “FOREIGNER” in the Election Code, statute to ALL subjects or conditions within its general
prohibiting any foreigner from contributing campaign purpose or scope that come into existence subsequent
funds, includes a juridical person. (following) to its passage —> keeps legislation from
Illustration 2 becoming ephemeral (lasting for a very short time) and
-The word “PERSON” in the comprehends private transitory (temporary)
juridical corporation, unless it appears that it is used in
a more limited sense. What is said about a general rule?
Illustration 3 -It may, and frequently does, ORIGINATE in some
-The word “PERSON” under a penal statute, which is particular case or class of cases, which is in the mind
intended to inhibit an act, must be a “person in law,” of the legislature, at the time
an artificial as well as a natural person -AS LONG AS the general rule is expressed in general
Illustration 4 language, the Courts CANNOT, in the absence of
-The term “JUDGE” without any modifying word or express restrictions, limit its application to these cases,
phrase accompanying it is to be construed in its but must APPLY it to ALL cases that come within the
GENERIC sense: all kinds of judges, judges of inferior terms and its general purpose and policy
courts, and justices of the Supreme Court
Illustration 5 Ex: Statutes framed in general terms —> applied to 1)
-The word “GOVERNMENT” used without new cases that arise and 2) new subjects that are
qualification should be understood in its IMPLIED or created, from time to time 3) those cases/subjects
GENERIC sense and NOT in the strict signification of come within their general scope and policy
the term “NATIONAL GOVERNMENT”
Illustration 6 What is the rule of statutory construction about
-The term “NATIONAL GOVERNMENT” refers legislative enactments in general and comprehensive
ONLY to the central government (legislative, terms?
executive, and judicial departments, as well as -It is prospective in operation and applied ALIKE to
constitutional bodies) different from local ALL persons, subjects, and business within their
governments and other governmental entities. general purview AND scope coming into existence
-NOT synonymous with the term “The Government of SUBSEQUENT (future) to their passage (enactment)
the Republic of the Philippines” or “Philippine
Government” —> these include the central Geotina vs Court of Tax Appeals
government, local governments, and government- The phrase “ Articles of prohibited importation” used
owned or controlled corporations in the Tariff and Customs Code embraces:
Illustration 7 -goods and articles already declared prohibited
-The term “product of the Philippines” should be taken at the time of its adoption
in its USUAL meaning, any product produced in the -goods and articles that may be the subject of
country activities undertaken in violation of subsequent
-Ex: bran and pollard produced from wheat imported (future) laws
into the country are “products of the Philippines”
(even if the wheat was imported, the bran and pollard Ex: “Any election” means election provided by law
are produced here, so they are products of the AT THE TIME and election which may be held
Philippines) AFTER as well (including the election of delegates to
the constitutional convention)
7. Generic term includes things that arise
thereafter 8. Words with Commercial or Trade meaning
How should a word of general signification employed What is the meaning of words and phrases acquired in
in a statute be construed? common use among merchants and traders?
-In the absence of legislative intent to the contrary, it -The trade or commercial meanings which are
should be comprehended with: generally accepted in the community in which they
1. Peculiar conditions happening at the time of have been in common use
its enactment
2. Peculiar conditions that may normally arise What if these words are used in a statute?
after its approval -It should not be given a new interpretation but should
be given such trade or commercial meaning that has
What is the rule “Progressive Interpretation?” been generally understood among merchants
What is the rule? Ex: When criminal case is dismissed, NOT equivalent
-In the absence of legislative intent to the contrary, to “acquitted”
trade or commercial terms when used in a statute are -“ACQUITTED” has a technical or legal meaning
presumed to have been used in their trade or -A public officer was accused for violating Anti-Graft
commercial sense Law and the case was dismissed
-He won’t be entitled to benefits of Sec. 13 “acquitted,
Where is this rule applicable? he shall be entitled to reinstatement and to his salaries
-Tariff Laws and Laws of Commerce and benefits which he failed to receive during
suspension”
What may determine the construction to be given to -Court ruled, “ACQUITTED” has a legal meaning:
the language of tariff laws/laws of commerce? finding of not guilty based on the merit. It does not
-the understanding of the traders and importers —> include a dismissal of the case because DISMISSAL
this prevails particularly to laws for the government of is NOT equal to ACQUITTAL
the importer since his business is regulated by them -EXCEPT when the dismissal comes after insufficient
evidence

9. Words with technical or legal meaning Ex: “PREVIOUSLY CONVICTED” in the Probation
What is the general rule? Law disqualifies persons from probation “who have
-Words that were used in a technical sense or been been previously convicted by final judgment of an
construed to have been judicially construed (legal offense punished by IMPRISONMENT of not less
meaning) should be construed according to how they than one month and one day and/or a fine of no less
have been previously used even if it’s different from than P200”
the literal meaning of the words -this refers to the date of imprisonment, not to date of
crime
What is the presumption? -A person imprisoned on the same date of several
-Language used in a statute, which has a technical or offenses on different dates but jointly tried is not
well-known legal meaning, is used in that sense by the disqualifies under said provision
legislature
10. How identical terms in same statute construed
When should technical or legal meanings be used? What is the general rule?
- when there’s absence of any qualification or -A word or phrase repeatedly used in a statute will bear
intention to the ordinary or general meaning the SAME meaning throughout the statute, UNLESS
a different intention is clearly expressed
Ex: Sec. 14 Rule 9, Rules of Court, “nothing here in
contained shall prevent such third person from Why is this the rule?
vindicating his claim to the property by any PROPER -A word used in a statute in a given sense is presumed
ACTION” to be used in the same sense throughout the law
-Property is being claimed by a third person
-“proper action” limits the third party’s remedy to Is this rule rigid (not flexible) and peremptory
intervening in the action (authoritative)?
-Court ruled, “ACTION” has a TECHNICAL or legal -No, but it is applicable when the words appear so near
meaning as an “ordinary suit in a court of justice by each other physically and when the word has a
which one party prosecutes another for the technical meaning which has been defined in the
enforcement or protection of a right, or the prevention statute
of a wrong”
Ex: statute classifies riceland in share tenancy
Ex: Sec. 2 Rule 2, Rules of Court, “a civil action may according to average produce per hectare for the 3
be commenced by filing a complaint with the proper agricultural years next preceding the current harvest
court” -in another provision in the same statute, riceland in
-“commencement” an action which originates an leasehold according to the normal average harvest of
entire proceeding and puts in motion the instruments the 3 preceding years
of the court calling for answer and not any -“YEAR” understood as agricultural year in both
intermediary step taken during the proceeding by the sentences
parties or stranger
Ex: Sec 1 Art. 13 of 1935 Constitution, “public
AGRICULTURAL LAND shall not be alienated”
while Sec. 5 “no private AGRICULTURAL LAND -The Court did not keep its meaning to one provision
shall be transferred or assigned” of the law but it also gave meaning in relation to other
-“AGRICULTURAL LAND” have the SAME provisions
meaning because both sections were based on the
same policy of nationalization and same subject (non- Claudio vs COMELEC
transferability of agricultural lands to aliens) -Sec. 74 of the Local Government Code: “No recall
shall take place within one year from the date of the
11. Meaning of word qualified by purpose of statute official’s assumption of office or one year
How can a word or phrase in a statute be qualified? immediately preceding a regular election”
-By the purpose which induced the legislature to enact -Issue: W/N the first limitation regarding the one-year
the statute period in Sec.74 of the Local Government Code
embraces the entire recall proceedings (preparatory
What does the purpose indicate? recall assembly) or only the recall election
-Whether to give a word or phrase an ordinary, -Ruling: “RECALL” refers only to the recall election
popular, technical, legal, commercial, restricted, or and not the proceedings in relation to Sec. 69 of the
expansive meaning Code.
-Sec. 69 of the Code: “the power of recall shall be
What interpretation should the court adopt in exercised by the registered voters of a local
construing a word or phrase? government unit to which the local elective official
-The interpretation that accords best with the manifest belongs”
(displayed) purpose of the statute or promotes or —> a word or provision should be interpreted in
realizes its object relation to other provisions of a statute or a statute with
same subject
What if the language is susceptible of two or more
constructions? Garcia vs COMELEC
-The construction that will most give effect to the -The Constitution requires that the legislature shall
manifest intent of the lawmaker and promote the provide a system of initiative and referendum, where
object of the statute should be adopted people can directly approve or reject any law passed
by the Congress
What construction should be rejected? -Local Government Code (later law) defines
-The construction that would make abortive (fail) “INITIATIVE” as the “process where registered
other provisions of the statute and to defeat the object voters of a local government unit may directly
the legislator sought to attain (achieve) propose, enact, or amend any ordinance”
-it was claimed that a resolution is not included in the
When can the literal meaning of the word or phrase be definition and resolution cannot be the subject of an
rejected? initiative
-If a statute is ambiguous and has more than one -Issue: W/N A local resolution of a municipal council
construction, the literal meaning can be rejected if it can be the subject of an initiative and referendum
will defeat the purpose that legislature had in mind (general vote)
-Ruling: Yes. The claim is too literal and will subvert
When can the technical or legal meaning of the word (undermine) the intent of the lawmakers in enacting
be rejected? the provisions of the Code on initiative and
-When the purpose of a statute will be accomplished referendum
by giving a literal or ordinary meaning -The Constitution clearly includes ordinances and
resolutions as subjects of a local initiative
12. Word or phrase construed in relation to other
provisions Ex: Corporation Law authorises a dissolved
What is the general rule? corporation to continue as a corporate for three years
-Word, phrase, or provision should be construed in for the purpose of defending and prosecuting suits by
relation to other provisions of the law (or other statutes or against it, and during the period to convey (bring)
with the same subject) all its properties to a “TRUSTEE” for the benefit of its
—> variation of the rule that statute should be members, etc for the trustee gives protection
construed as a whole and each provision must be given -“TRUSTEE” should NOT be in legal or technical
effect sense (one appointed for the purpose) but in
GENERAL concept
Ex: Local Government Code, “RECALL” -“Trustee” would include a lawyer who was entrusted
-If the legal or technical sense be used, it would allow or the court on motion, after hearing shall provide
debtors to enrich themselves and defeat the purpose of otherwise.
the law
13. Meaning of term dictated by context
Ex: RA 6975 makes criminal actions involving PNP -ordinarily a word or term in a statute will be given its
come “within the exclusive jurisdiction of the regular usual and commonly understood meaning but the
courts” context which the word or term is employed may
-Purpose of the law is to remove the courts-martial the dictate a different sense, which determines the
jurisdiction over criminal cases of PNP and to vest it meaning
in the courts within juridical system
-Issue: W/N Sandiganbayan is a regular court within What is Verba accipienda sunt secundum materiam?
RA 6975 -Differently stated, a word is to be understood in the
-Ruling: The terms “civil” and “regular” courts are context in which it is used
used interchangeably and they mean the same in RA
6975 Ex: Statute “family home extrajudicially formed shall
-There could have been no other meaning since the be exempt from execution, forced sale or attachment,
purpose of the law is to remove the jurisdiction over except for nonpayment of debts”
criminal cases of PNP from courts-martial -“DEBTS” in the context in which it is used is in a
-Courts-martial are not courts within the Philippine generic sense (i.e. obligations in general)
judicial system
Ex: Law classifies all lands into timber, mineral, and
Ex: The tax statute exempts agricultural products from agricultural
tax payments -“AGRICULTURAL” is used in a broad sense to
-Purpose is to encourage the development of the include all lands that are not timber or mineral
resources of the country -Such being the context in which the term is used
-Issue: W/N the phrase “Agricultural products”
includes domesticated animals and fish grown in Can a context give a broad sense to a word of
ponds ordinarily limited meaning?
-Ruling: Yes. “Agricultural products” includes -Yes.
vegetable substances directly from the soil and Ex:
domestic and domesticated animals, animal products, -“A riparian owner of the property adjoining foreshore
and fish or bangus grown in ponds lands, marshy lands, or lands covered with water
-The Court gave the phrase an EXPANSIVE meaning bordering upon shores of banks of navigable lakes or
to promote the purpose of the law rivers shall have preference to apply for such lands
adjoining his property
Ex: Statute “except as hereinafter specifically -“Riparian” refers only to rivers
exempted, there shall be paid by each merchant… a -“Riparian owner” is a person who owns land situated
tax at the rate of 1/3…gross value in money of all on the banks of river
goods…exchanged for domestic CONSUMPTION -These were used in a broad sense as referring to any
-Purpose is to tax all merchants except those expressly property having a water frontage that being the sense
exempted in which the term is used when it mentions “foreshore
-Issue: W/N the word “consumption” is to be given lands” “marshy lands” or “lands covered with water”
limited meaning
-Ruling: No. It is used in a commercial sense. Can a context limit the meaning of a word in a broad
sense?
(Illustration of the rule that construction should be -Yes.
rejected that negates the purpose of the law) Ex: Anti-Subversion Act, “overthrow…knowingly,
Motoomul vs Dela Paz wilfully and by overt acts,”
-Sec. 5 RA 5434 “Effect of Appeal - Appeal shall not -“OVERTHROW” usually has a peaceful sense, but
stay the award, order, judgment unless the officer or its meaning is limited in this statute by force or
body rendering the same or the court, on motion…” violence
-Issue: W/N The word “COURT” in Sec. 5 of RA 5434
refers to the CA or trial court Can the same word used in different parts of a statute
-Ruling: It is the trial court, not the CA. The law stated give it a generic meaning in one part and a limited
its objective that appeal shall not stay the appealed meaning in another part?
decision, award, offer. Exception is where the officer -Yes.
-Ex: Municipal Tax ordinance, “any owner or manager Guerrero vs COMELEC
of fishponds, shall pay an annual tax of a fixed -Sec. 17 Art. 6, Constitution “The Senate and the
amount…owner of fishponds is the government which House of Representatives shall each have an Electoral
leased them to a private person” Tribunal which shall be the sole judge of all contests
-“OWNER” cannot be construed to include the relating to the election, returns, and qualifications of
government because government is immune from their respective Members”
taxes and the one liable for taxes is the operator who -Petitioner Guerrero argues:
is the “manager” -that the jurisdiction of the HRET under Sec. 17
Art. 6 of the Constitution is limited only to the
14. Where the law does not distinguish qualifications under Sec. 6 Art 6
What is the rule? -claims that any issue that doesn’t involve these
-Where the law does not distinguish (differentiate), constitutional QUALIFICATIONS is beyond the
Courts should not distinguish. realm (domain) of the HRET
-The legislature made no qualification in the use of a -that the filing of a COC, being a statutory
general word or expression QUALIFICATION under the Omnibus Election Code,
is outside the HRET
What is Ubi lex non distinguit, nec nos distinguere -the HRET assumes jurisdiction only if there’s
debemus? a valid proclamation of the winning candidate
-Where the law does not distinguish, the Courts should -if a candidate fails to meet the statutory
not distinguish. requirements to qualify him as a candidate, his
-applied in construction of general words subsequent proclamation is void ab initio (no
-applied in interpretation of a rule laid down proclamation at all)
-The assumption of office by the proclaimed
What is this rule corollary of? candidate does not deprive COMELEC of its power to
-The rule that general words and phrases should be declare such nullity
accorded their natural and general significance -Sec. 17 Art. 6 of the Constitution cannot be
circumscribed (restricted) lexically (basic vocabulary)
What is the rule’s requirement?
-There should be no distinction (difference) in the Issue: W/N HRET has the jurisdiction on the statutory
application of a statute where none is indicated qualification of Omnibus Election Code, filing of
COC
Are Courts authorised to distinguish where the law
makes no distinction? Ruling:
-No, but they should administer the law as how they -“QUALIFICATION” cannot be read as qualified by
think it to be without regard to consequences the term “constitutional” ‘
-Where the law does not distinguish, the Courts should
Can Courts except something where the law does not not distinguish. There should be no distinction in the
make any exception? application of a law where none is indicated.
-No, UNLESS there is compelling reason apparent in -The drafters of the law made no qualifications in the
the law to justify it use of a general word or expression, must have
intended no distinction at all
What if the legislature has clearly a rule for one class -The Courts should only distinguish when there are
of cases? facts or circumstances that show legislative intention
-It is not readily to be supposed that, in the same act, a of a distinction or qualification
different rule has been prescribed for another class of -A winning candidate who has taken his oath of office
cases within the same as the first and assumed as Congressman is best addressed to the
HRET
What should Courts avoid? -Purpose is to avoid duplicity of proceedings and clash
-Imputation of a design to distinguish between cases of jurisdiction between constitutional bodies

When can Courts distinguish? Chevylle vs Fariñas

-When there are facts or circumstances showing that -Issue: W/N respondent Fariñas was validly
the legislature intended a distinction or qualification substituted and became a legitimate candidate
—>the Courts give effect to the LEGISLATIVE -Ruling: Only the Electoral Tribunal has judgment
INTENT -This is when we can demonstrate acknowledgment to
the Constitutional provision of Art. 6 Sec. 17
 -“ALL” covers all pre-proclamation disputes
15. Illustration of Rule (Law did not make involving national, provincial, city, and municipal
distinction) officials because the law did not make any distinction
Ex: Statute grants a person against whom the
possession of “ANY LAND” is unlawfully withheld Ex: Rules provide that a counter bond is to secure the
the right to bring an action for unlawful detainer payment of “any judgment”
-“ANY LAND” includes all kinds of land -When execution is returned unsatisfied, the phrase
(agricultural, residential, or mineral) “any judgment” includes not final and executory
-The phrase “ANY LAND” cannot be said to relate judgment, also a judgment pending appeal, the Rules
exclusively to public land any more than it could be did not make any distinction
said to relate to private lands. Why? The law did not
make any distinction. Ligget & Myers Tobacco Co vs Collector of Internal
Revenue
Ex: Law authorises the director of lands to file -Tax Code imposes a specific tax “on cigarettes
petitions for cancellation of patents covering public containing Virginia tobacco and/or flue-cured tobacco
lands, without distinguishing whether the lands belong of 71mm or less in length weighing 1 1/4 kilos or less
to the national or to any local government per thousand, wrapped in tinfoil or cellophane or
-he can do so even if the land has been given to a local packed in cartons covered with paraffin or wax paper
government unit or in tin cans, on each thousand, P10; Provided, that if
the length exceeds 71mm or the weight per thousand
Ex: Statute exempts “properties owned by the exceeds 1 1/4 kilos, the tax shall be INCREASED by
Republic of the Philippines” from realty taxes 100%”
-There should be NO distinction between properties in -Issue: W/N in measuring the length or weight of
a sovereign, governmental or political capacity and cigarettes, filters should be excluded
properties in a proprietary or patrimonial character -Ruling: No. The law did not distinguish between filter
cigarettes and non-filter cigarettes so the Court cannot
Ex: Statute requires that certain formalities be distinguish one from another. The tax should be paid
followed in order for an act to be considered valid as fixed in the Tax Code.
-This excludes the idea of a distinction between
essential and non-essential formalities Tiu San vs Republic
-This considers ALL formalities -An applicant for naturalisation may be allowed to
take his oath as citizen if :
Ex: Law does not distinguish between “stabiliser and -after 2 years from the promulgation of the
flavours” used in preparation of food and those used in decision granting his petition for naturalization, he
the manufacture of toothpaste “has not been convicted of any offense or violation of
-Courts are not authorised to make any distinction and government rules”
must construe in generic sense -Issue: W/N The conviction of an applicant for
naturalisation for violation of a municipal ordinance
Ex: Statute allows the redemption or repurchase of a would disqualify him from taking his oath as a citizen
homestead property within five years from its -Ruling: Yes. The law did not make any distinction
“conveyance” between acts mala in se and mala prohibita
-“Conveyance” refers to voluntary and involuntary -The conviction of the applicant for violation of a
conveyances as the law did not distinguish between municipal ordinance (even if it’s malum prohibitum),
them two is within the statute
-The applicant is precluded from taking the oath
Ex: Law grants an employee “leaves of absence with -“Convicted of any offense” indicates malum in se and
pay” malum prohibitum
-“With pay” refers to full pay and not to half or less
than full pay Peralta vs Civil Service Commission
-Applied to all leaves of absences may it be sick or -RA 2625 stating “government employees are entitled
vacation leaves to 15 days vacation leaves with full pay and 15 days
sick leaves with full pay, exclusive of Saturdays,
Ex: Law makes the COMELEC the sole judge of “all Sundays, and holidays”
pre-proclamation controversies” -Respondent Civil Service Commission argues that
-this only applies to those who have leave
credits
 -this does not apply to those who have no leave -Sec. 428 of Local Government Code “elective official
credits of Sangguniang Kabataan must not be more than 21
-Issue: W/N the provision of RA 2625 applies only to yrs old on the day of his election”
those who have accumulated leave credits -Garvida was over 21 yrs old but below 22 yrs old
-Ruling: No. The construction of Civil Service -Issue: W/N Petitioner Garvida was qualified to be an
Commission is not in accordance with the legislative elective SK member
intent. -Ruling: No. “On the day of his election” he must not
-The law speaks of granting of a right be more than 21 yrs old on the day of the election
-The law does not provide a distinction between those -Dissimilum dissimilis est ratio. Of things dissimilar,
who have accumulated leave credits and those who the rule is dissimilar.
have not accumulated leave credits -The Courts may distinguish when there are facts and
-Ubi lex non distinguit, nec nos distinguere demebus. circumstances showing that the legislature intended a
Where the law does not distinguish, the Courts should distinction or qualification
not distinguish.
Alonto vs People
Sanciago vs Roño -the accused issued the checks in question to cover
-Sec. 13 BP Blg. 697 “1) any person holding a public accounts and that the checks were dishonoured
appointive office or position shall ipso facto cease in regardless he issued the checks as a guarantee
office or position as of the time he filed his COC and -Ruling: BP 22 applies even in cases where
that 2) governors, mayors members of various dishonoured checks are issued in the form of a deposit
Sanggunians or barangay officials shall, upon the or a guarantee
filing of candidacy, be considered on forced leave of -The law did not make any distinction to checks that
absence from office” are issued in payment of an obligation or to guarantee
-An elective barangay captain was elected President of the said obligation
the Association of Barangay Councils and was
appointed by the President as member of the United BF Homeowners vs Barangay Chairman
Sangguniang Panlungsod -Issue: W/N the provision of Local Government Code
-He ran for Congress but he lost applies only to multi-purpose halls in open space of
-He wanted to resume his duties as member of the subdivision open to the public and not to other multi-
Sangguniang Panlungsod, stating: purpose buildings
-Sec. 2 of BP Blg 697 did not distinguish -Ruling: There was no distinction that the hall is
between appointive and elective member of the different from other multi-purpose halls
sanggunians -Court not read into the law something that was not
-he was on forced leave when he ran for intended by the legislature
Congress
-Secretary of Local Government denied his request: 16. Disjunctive and Conjunctive words
-being an appointive sanggunian member, he What is an example of a Disjunctive word?
was deemed automatically resigned when he filed -“OR” signifies disassociation and independence of
COC for Congressman one thing from each of the other things enumerated
-Issue: W/N he can resume as a member of
Sangguniang Panlungsod How should “OR” be construed?
-Ruling: No. Although it may be Sec. 13(2) as -how it is ordinarily implied, as a disjunctive word
contrasted to appointive position in Sec. 13(1) “any
person holding public appointive position” is clear Ex: Sec. 40 of CA 613 punishes “any individual who
-When language of a particular section admits of more shall bring into or land in the Philippines or conceals
than one construction, one that gives effect to the or harbours any alien not duly admitted by any
purpose and object by enactment of statute, must be immigration officer or not lawfully entitled to enter or
followed. reside in the Philippines”
-Where the intent to make distinction appears from the -“OR” does not justify the word a nondisjunctiuve
statute, the Courts should make distinction meaning since “bring into” “land” conceals”
”harbours” are four different acts having each different
Garvida vs Sales Jr. meaning
-Sec. 424 of Local Government Code “a member of
the Katipunan ng Kabataan must not be more than 21 Ex: Tax Statute imposes amusement tax on gross
years of age” receipts of the “proprietor, lessee, or operator of the
amusement place”
-“OR” positively implies that the tax should be paid
either by any of them Can the word “AND” restrict the meaning of a broad
word?
What does the disjunctive word “OR” connote -Yes, when a restrictive word is separated by the word
between two phrases? “AND”
-either phrase serves as qualifying phrase Ex: When two words, one is broad and other is
restrictive, and are separated by “and,” the restrictive
When does the disjunctive word “OR” mean “AND?” word limits the meaning of the broad word
-When the spirit or context of the law so warrants
(authorizes) Rumarate vs Hernandez
Ex: Sec. Rule 112 Rules of Court authorizes a -the law speaks of “possession and occupation”
municipal trial judge to conduct “preliminary -These words are separated by “and” and the clear
examination or investigation” intention of the law is not to make one synonymous
-“OR” may mean “and” because under the law he has with the other
the authority to conduct both of them
What does “AND/OR” mean?
Can the word “OR” also be used as “THAT IS TO -Effect shall be given to both the conjunctive or that
SAY?” one word or the other may be taken accordingly as one
-Yes. Giving that which precedes it the same or the other will best effectuate the purpose of the
significance as that which follows it. statute

Is “OR” always disjunctive? B. ASSOCIATED WORDS

-No. It’s sometimes interpretative or expository of the
preceding word. 1. Noscitur a sociis
What is Noscitur a sociis?
Ex: Ordinance imposes graduated quarterly fixed tax -Where a particular word or phrase is ambiguous in
“based on the gross value in money or actual market itself or is susceptible of various meanings, its correct
value” of articles construction may be made clear and specific by
-“OR” may mean “that is to say” so that the phrase “or considering the COMPANY OF WORDS in which it
actual market value” intended to explain “gross value is found or associated with
in money” (they mean the same) -Where a particular word is obscure or of doubtful
meaning, the obscurity or doubt may be removed by
reference to the meaning of associated or companion
Can the word “OR” also mean successively (in order)? words
-Yes.
Ex: Art. 344 of RPC “offences of seduction, What if the law doesn’t define a word used therein?
abduction, rape, or acts of lasciviousness, shall not be -it will be construed as having a meaning similar to the
prosecuted except upon a complaint by the offended words associated or accompanied by it
party or her parents, grandparents etc…”
-These persons are mentioned disjunctively, the rights Can the meaning of a word be modified or restricted
are reposed in said persons in the ORDER which they by the associated words?
are named -Yes.
-A general word or phrase may have a limited
What is an example of a Conjunctive word? application if associated with companion words or
-“AND” is a conjunction meaning “together with” phrases
“joined with” “along or together with” used to conjoin
word with word, phrase with phrase, clause with A WORD OR PHRASE SHOULD BE
clause. INTERPRETED IN RELATION TO, OR GIVEN
THE SAME MEANING OF, WORDS WITH
Does the word “AND” mean “OR?” WHICH IT IS ASSOCIATED
-No. “AND” is a conjunction used to denote a union
-Most of the words in an enumeration in a statute are
When can “AND” mean “OR?” used in their generic and ordinary sense, the rest of the
-Only when a literal interpretation would show the words should similarly be construed
plain intention of the legislature from the context or -Associated words should all be given their generic
external factors and ordinary meaning, unless if the legislative intent
shows the restricted or technical sense (Carandang vs -Gen. Douglas McArthur issued a Proclamation
Santiago) declaring that “all laws, regulations, and processes of
any other government in the Philippines than that of
2. Application of Rule said Commonwealth are null and void”
Ex: Sec. 13 Art. 11 of the Constitution grants the -Issue: W/N The term “processes” includes judicial
Ombudsman the power to “Direct the office concerned processes
to take appropriate action against a public official or -Ruling: No. “Processes” does not refer to judicial
employee at fault, and recommend his removal, processes but to Executive Orders, ordinances, and the
suspension, demotion, etc…” Constitution
-“SUSPENSION” should be given the same sense as
the other words it is associated with (as a penalty or 3. Ejusdem Generis
punitive) because “removal” “demotion” etc are -General words in a statute are accorded their full,
penalties natural, and generic sense

Magtajas vs Pryce Properties Corp Inc. When will general words not be given natural or
-Sec. 458 of Local Government Code authorized local generic meaning?
government units to prevent or suppress “gambling -If they are used in association with specific words or
and other prohibited games of chance” phrases
-“GAMBLING” should be read as referring only to
ILLEGAL gambling, which like other PROHIBITED What is the general rule? (Ejusdem generic)
games of chance, must be prevented -When a general word or phrase follows an
-Gambling that has been authorised by specific enumeration of particular and specific words of the
statutes are not affected same class (or the latter follow the former), the general
-Local Government Unit has no power to prevent word is to be construed to include or be restricted to
gambling that is authorized by specific law persons or things of the same class
-when a statute describes things of particular class
Carandang vs Santiago accompanied by general words, the general words will
-Art. 33 NCC “in cases of defamation, fraud, and be limited to those enumerated, UNLESS there will be
physical injuries, a civil action for damage entirely something in the context of the statute to repel such
separate and distinct from the criminal action, may be inference (ejusdem generis)
brought by the injured party. Such civil action shall
proceed independently of the criminal prosecution, What is the purpose of Ejusdem generis?
and shall require only a preponderance (greater in -to give effect to both the particular and general words
number) of evidence.” by treating the
-Santiago claimed that the term “physical injuries” -particular words: as indicating the class
does not include frustrated homicide because it refers -general words: as indicating all that is
to specific crime defined in RPC and should be embraced in said class
understood in its technical or legal sense
-Issue: W/N An offended party can file a separate and Ex: When specific and generic terms of the same
independent civil action for damages arising from nature are in the same act, the generic terms will
physical injuries during the pendency (remain follow the specific terms
undecided) of the criminal action for frustrated
homicide -If the legislature intended the general words to be
-Ruling: Yes. “Physical injuries” should be understood used in their generic and unrestricted sense, it would
to mean bodily harm or injury. Art. 33 NCC uses the NOT have enumerated specific words. (Murphy,
word “defamation” “fraud” and “physical injuries” Morris & Co vs Collector of Customs)
-“Defamation” and “fraud” are used in ordinary sense
since there is no provision defining it in RPC 4. Illustration of Rule
-With this, it is evident that “physical injuries” Mutuc vs COMELEC
shouldn’t be used as crime in the RPC -An Act makes the distribution of electoral
propaganda gadgets, pens, lighters, fans, flashlights,
Co Kim Chan vs Valdez Tan Keh athletic goods or materials “and the like”
-Question is if Proceedings in civil cases pending in -“AND THE LIKE” does not embrace taped jingles
court during the Japanese occupation are affected by for campaign purposes
the proclamation of Gen. McArthur -“AND THE LIKE” is restricted only to things of the
same kind as specifically enumerated
Cu Unjieng Sons Inc. vs Board of Tax Appeals Colgate-Palmolive Phil. Inc. vs Gimenez
-Statute provides “in the case of a corporation, all Ex: “stabiliser and flavours” is preceded by articles
losses actually sustained and not charged off within classified as food or food products as well as other
the taxable year and not compensated for by insurance times that do not belong to such classification
or otherwise” -The term is NOT restricted to articles used in
-It is claimed that the assurances of public officials preparation of food but should be construed in generic
before the end of 1945 that property owners would be sense
compensated for their losses from war sufficed to -the phrase should include those used in manufacture
place the losses of toothpaste or dental cream
-“Compensated for… otherwise” -If the enumerated words are all general words, the
-“Otherwise” generally means but for, or under other meaning of each word will not be restricted by the
circumstances other words, unless the context indicates otherwise
-This would receive an ejusdem generis
interpretation. -“Otherwise” in law when used in Ex: “action or suit or other proceeding”
general phrase following an enumeration of particulars -“action” and “suit” exhaust proceedings of judicial
is interpreted in a restricted sense character
-Issue: W/N the losses due to the war were to be -“other proceeding” include proceedings other than
deductible from the gross income in 1945 when they judicial in nature such as advertisement
were sustained or in 1950 when the Philippine War -If you apply the rule, it will make “other proceeding”
Damage Commission advised that no payment would a surplusage (useless)
be made for said losses
-Ruling: “Otherwise” should be construed to refer to Ex: Statute “containers, such as casks, large metal,
compensation due under a title or similar to insurance, glass, or other receptacles”
which is a contract and it follows that in order to be -“container” is a general term while the enumeration
deemed “compensated for otherwise” the losses by a is merely by examples
taxpayer must be covered by a judicially enforceable -These do not limit the meaning of “container” and
right and not mere pronouncement of public officials may include other containers such as jute bags

5. Limitations of ejusdem generis Does the rule ejusdem generis reject general terms
What are the requisites of ejusdem generis? entirely?
1. A statute contains an enumeration of particular and -No. The rule is an aid in ascertaining the intention of
specific words, followed by a general word or phrase the legislature and must yield to the manifest intent of
2. The particular and specific words constitute a class the legislature
or are the same kind
3. The enumeration of the particular and specific Is the rule of universal application?
words is not exhaustive or is not merely by examples -No. It should be used to carry out the legislative intent
4. There is no indication of legislative intent to give or purpose of the law.
the general words or phrases a broader meaning
THE RULE MUST ALWAYS GIVE WAY IN
When is the rule that a general term may be restrained FAVOR OF THE LEGISLATIVE INTENT.
by specific words associated with it applicable?
-To cases where, except for one general term, all the 6. Expressio unius est exclusio alterius
items in an enumeration belong to or fall under ONE What is Expressio unius est exclusio alterius?
specific class or same nature -It is a settled rule of statutory construction that the
EXPRESS mention of one person, thing, or
When does the rule ejusdem generis NOT apply? consequence implies the exclusion of all others.
-Where the enumeration includes classes and general
terms too What are the variations of the rule Expressio unius est
-Where the specific things in the enumeration have no exclusio alterius?
distinguishable common characteristics in the 1. The principle that what is EXPRESSED puts an
enumeration have no distinguishable common END to that which is IMPLIED (Expressum facit
characteristics and greatly differ from one another cessare tacitum)
(Commissioner of Customs vs CA) -A statute, by its terms, is EXPRESSLY limited
-Where the enumeration of the particular and specific to certain matters —> may not, by interpretation or
word is exhaustive construction, be extended to other matters
2. The canon that a GENERAL expression followed -Ruling: No. The language of Sec. 168 is clear and it
by EXCEPTIONS, implies that those which do not applied only to exportation of rope, coconut oil, palm
follow under the exceptions come within the scope of oil, copra by-products and desiccated coconuts….
general expression. -The statute did not provide that the exportation made
-a thing not being excepted must be regarded as by the purchaser of the materials was covered by the
coming within the general rule (Exceptio firmat exemption so they had to pay the said tax.
regulam in casibus non exceptis) -When the law enumerates the subject or condition
3. The axiom that the expression of one or more things upon which it applies, it is to be construed as excluding
of a class implies the exclusion of all not expressed, from its effects all those not expressly mentioned.
even though all would have been implied had none Expressio unius est exclusio alterius.
been expressed -Anything that is not included in the express
-human minds address particularization and the enumeration is excluded.
generalities are used in contemplation -The legislation wouldn’t have made specific
enumerations if it didn’t have intention to restrict its
Is the rule Expressio unius est exclusio alterius and its meanings.
variations restrictive interpretation?
-Yes. They are based on the rules of logic and natural Coconut Oil Refiners Asscn Inc. v Torres
workings of human mind. -The phrase “Tax and duty-free importations fo raw
-These are opposite of the Doctrine of Necessary materials, capital, and equipment” was merely cited as
Implication an example of incentives.
-Respondent SBMA argued that Expressio unius est
Parayno vs Jovellanos exclusio alterius does not apply when words are
-Sec. 21. Filling Station. A retail station servicing mentioned by example.
automobiles and other motor vehicles with gasoline -“SUCH AS” that the enumeration only meant to
and oil only. illustrate incentives
-Sec. 42. Service Station. A building and its premises -Ruling: Expressio unius est exclusio alterius NOT
where gasoline oil, grease, batteries, tires, and car applicable when words are used by example only.
accessories may be supplied and dispensed at retail -This rule should be applied only as a means of
and where, in addition, the following services may be discovering legislative intent that is not manifest.
rendered and sales and no other….
-Ruling: Since the ordinance made a distinction 7. Negative-opposite doctrine
between “gasoline service station” and “gasoline What is the negative-opposite doctrine?
filling station,” the maxim Ejudsem generis does not -What is expressed puts an end to that which is implied
apply. Expressio unius exclusio alterius applies. of Argumentum a contrario
-It is evident that the ordinance intended these two
terms to be separate and distinct from each other. Chung Fook v White
-Respondent municipality could not find solace -The statute exempts the wife of a naturalized
(comfort) in ejudsem generis which means “of the American from detention for treatment in a hospital,
same kind, class, or nature” who is afflicted with a contagious disease
-Expressio unius est exclusio alterius is applied, which -a native-born American citizen, on behalf of his wife
means that the express mention of one thing implies who was detained in a hospital for a treatment of a
the exclusion of others. contagious disease, the court resorted to the negative-
-Since the two phrases are distinct and have definite opposite doctrine
meanings, respondents could not insist the “gasoline -In this case, the Court should have disregarded the
service station” included “gasoline filling station. negative-opposite doctrine.

San Pablo Manufacturing Corporation v 8. Application of Expressio unius rule

Commissioner of Internal Revenue -When a statute directs the performance of certain acts
-SPMC is a domestic corporation engaged in milling, by a particular person or class or persons, it implies
manufacturing, and exporting of coconut oil and other that it shall not be done otherwise or by a different
allied products. person or class of persons
-Commissioner of Internal Revenue ordered SPMC to
pay P8,182,182.85 for deficiency miller’s tax (crude Ex: A law specifically designates persons who may
oil to UNICHEM) and manufacturer’s sales tax (corn bring actions for quo warranto—> excludes others
and oil) for 1987 from bringing such actions
-Issue: W/N Petitioner’s goods were exempt from tax
Ex: Statute authorised a city to lease or sell the -Like other rules of statutory construction, this tool
northern portion of a reclaimed area along the bay — cannot be used to defeat the plainly indicated purpose
> the city has no power to dispose of the southern part of the legislature.
-The rule must yield to what is clearly a legislative
Ex: A statute enumerates the barrios that comprise a intent.
city. The non-inclusion of a particular barrio in that
city in the enumeration concludes that the statute Can the rule be ignored?
abolished said barrio as part of the city. -Yes. When other circumstances indicate that the
enumeration was not intended to be exclusive.
Ex: Statute changed the form of government of a
municipality into a city —> incumbent mayor, vice Can the rule be applied where the enumeration is by
mayor, and members of municipal board shall way of example or to remove doubts?
continue in office until expiration of term. -No.

Ex: Local Autonomy Act, local governments are given Ex: Gomez v Ventura
broad powers to tax everything, except those which are -Physician prescribed opium for a patient whose
specifically mentioned. If a subject matter does not physical condition did not require the use of such drug
come within the exceptions, an ordinance imposing a instances constituting “unprofessional conduct”
tax on such subject matter is deemed to come within -Physician contended that the statute only enumerates
the broad taxing power. Exceptio firmat regulam in 5 “unprofessional conducts” none of which refers to
casibus non exceptis. prescription of opium to such patient
-Issue: W/N this is an unprofessional conduct to
Ex: Probation Law expressly enumerates the persons revoke physician’s license
disqualified to avail of its benefits —> the clear intent -Ruling: Yes. The rule expressio unius cannot be
is to allow the benefits of probation to those not applied.
included in the enumeration. -It cannot seriously be contended that aside from the 5
examples specified, there can be no other conduct that
Centeno v Villalon-Pornillos can be deemed unprofessional.
-PD 1564 penalizes any person who “solicit or receive -The maxim may only be applied to discover
contributions for charitable or public welfare purposes legislative intent and not to defeat it.
without securing such permit” from the Regional
Office concerned of Dept. of Social Services When does the rule also not apply?
-Renovation of a church -In case a statute appears upon its face to limit the
-Issue: W/N the phrase “charitable purposes” of PD operation of its provision to particular persons or
1564 includes a religious purpose things by enumerating them —> if 1) no reason exists
-Ruling: No. Expressio unius est exclusio alterius. The why other persons or things not enumerated should not
1987 Constitution treat the words “charitable” and have been included
“religious” separately and independently of each 2) manifest injustice will occur by not
other. including them
-Art. 6 Sec. 28 of 1987 Constituion: “Charitable
institutions, churches, and parsonages x x x and all -if it will result in incongruities or violation of equal
lands, buildings, and improvements, actually, directly, protection
and exclusively used for religious, charitable, or -if it would cause inconvenience, hardship, and injury
educational purposes shall be exempt from taxation” to the public interest
-The Constitution enumerated “charitable” and -where words are used by example only
“religious” separately while PD 1654 stated
“charitable or public welfare purposes” —> this shows 10. Doctrine of Casus Omissus
intention that solicitation is not included for religious What is the rule Casus omissus pro omisso habendus?
purposes -A person, object, or thing omitted from an
enumeration must be held to have been omitted
9. Limitations of rule of Expressio Unius intentionally
Is Expressio unius est exclusio alterius a rule of law?
-No. It is a a mere tool of statutory construction or a When does this rule apply?
means of ascertaining legislative intent. -Only if and when the omission has been clearly
-It is not of universal application. established and such omitted in the enumeration may,
by construction, not be included
Can the court supply the omission? When can the doctrine not be applied?
-No -When the intention is not to qualify the antecedent at
all
When does this rule not apply?
-Where it is shown that the legislature did not intend 14. Reddendo Singula Singulis
to exclude the person, thing, or object from the What is Reddendo singula singulis?
enumeration -“Referring each to each”
-this is a variation of the doctrine of last antecedent
11. Doctrine of last antecedent
Generally speaking, qualifying words restrict or Ex: referring each phrase or expression to its
modify: appropriate object
-ONLY the words or phrases to which they are
IMMEDIATELY associated (last antecedent) What is the requirement of Reddendo Singula
-NOT to the words that are remote Singulis?
-The antecedents and consequences should be read
What does the Doctrine of Last Antecedent mean distributively to the effect that each word is to be
(legal hermeneutics)? applied to the subject to which it appears, by context,
-A qualifying word or phrase should be understood as most appropriately related and to which it is most
referring to the nearest antecedent. applicable

What is Ad proximum antecedents fiat relatio nisi Ex: People v Tamani

impediatur senentia? -Sec 6 Rule 122: “an appeal must be taken within
-Relative words refer to the nearest antecedents, unless fifteen days from promulgation or notice of the
the context otherwise requires judgment or order appealed from”
-Ruling: “promulgation” refers to “judgment” and
12. Illustration of Rule of Doctrine of Last “notice” refers to “order”
Antecedent -Reddendo Singula Singulis
Ex: Pangilinan v Alvendia
-Statute defines the word “tenant” as a “person who, C. Provisos, Exceptions, and Saving Clauses
himself and with the aid available from within his 1. Provisos, generally
immediate farm household, cultivates the land What does the Office of a Proviso do?
belonging to, or possessed by another”. -Either to limit the application of the enacting clause,
-The phrase “immediate farm household” defined as section, or provision of a statute OR
“members of the family of the tenant, and such other -to except something therefrom OR
person or persons, whether related or not, who are -to qualify or restrain its generality OR
dependent upon him for support and who usually help -to exclude some possible ground of misinterpretation
operate the farm enterprise” of it, as extending to cases not intended by the
-the term “members of the family of the tenant” legislature to be brought within its purview
includes tenant’s son, son-in-law, or grandson even
though they are not dependent upon him because the Where is the proviso found?
phrase “who are dependent upon him for support” -At the end of a section, or provision of a statute
refers solely to the last antecedent “such other person -it is introduced, as a rule, by the word “Provided.” Or
or persons, whether related to the tenant or not” “But nothing herein”

13. Qualification of the doctrine of last antecedent Does the use of the word “Provided” make the clause
What is the exception of the Doctrine of Last or phrase a proviso?
Antecedent? -Not necessarily
-When the intention of the law is to apply the phrase
to all antecedents embraced in the provision, the same What determines whether a clause is a proviso?
should be made extensive to the whole. —> this -Its substance rather than its form
doctrine is just an aid -If it performs any of the functions of a proviso, then
it will be regarded as such whatever the word or phrase
Is it sufficient if there is a SLIGHT indication of used to introduce it
legislative intent to extend the relative term?
-YES 2. Proviso may enlarge scope of law
What is the primary purpose of the proviso? That the Philippine Rehabilitation and Trade
-To limit or restrain the general language of a statute Administration shall have exclusive power and
(but the legislature does not always use it with authority to determine and regulate the allocation of
technical correctness) wheat flour among importers.”
-Ruling: The proviso can only refer to the clause
What if using a proviso creates an ambiguity? immediately preceding it and can have no other
-It is the duty of the court to ascertain the legislative meaning than that the function of allocating the wheat
intention through resorting to the usual rules of flour was assigned to the Philippine Rehabilitation and
construction applicable to statutes and give it effect Trade Admin.
even if the statute is enlarged -If the intent of the law is to exempt wheat flour from
the provisions of the Act, the proviso would have been
Can a proviso enlarge, instead of restrict or limit, a placed in the section of repealing clause.
phrase of limited import?
-Yes if there was no proviso qualifying it In case the proviso was placed in an earlier section of
a statute?
Ex: A Statute provides that “it shall be unlawful for -Should qualify only such section
any person to carry any bowie, knife, dagger, or other -If the intention was to apply to different sections, such
deadly weapon: Provided, that this provision shall not would have been placed there to make that intent clear
apply to firearms in the possession of persons who
have a secured license…” 5. Exception to the rule
-the proviso of the Act clearly indicates that carrying When is the rule that a proviso should be construed to
of unlicensed revolver would be a violation of the Act qualify only the immediately preceding part true?
-Only if no contrary legislative intent is indicated
3. Proviso as additional legislation
Can a proviso assume the role of an additional What if the legislative intent is to restrain or qualify
legislation? not only the immediately preceding phrase, but also
-Yes earlier provisions or whole statute?
-Such proviso must be construed in that manner
When can a proviso be an additional legislation?
-A clear and unqualified purpose expressed in the 6. Repugnancy between proviso and main
opening statement of a section of a statute, comprising provision
several subdivisions, has been construed as controlling How should a proviso be construed?
and limiting a proviso attached to one of the -To harmonize with the main provision of the statute,
subdivisions. not to repeal or destroy it
-If the proviso is segregated from that, it would mean
exactly the reverse of what it necessarily implied when What if there is conflict or repugnancy between the
read in connection with limitation proviso and main provision of statute?
-Whatever is located in a later portion of a statute
4. What proviso qualifies prevails, unless there is legislative intent to the
What does the Office of the Proviso qualify or modify? contrary
-Only the phrase immediately preceding it or restrains
or limits the generality of the clause it immediately Why is the later portion given preference?
follows -Because it is the latest expression of the intent of
legislation
How should a proviso be construed?
-With reference to the immediately preceding part of 7. Exceptions, generally
the provision, to which it is attached —> NOT to the What consists of an exception?
STATUTE itself or other sections, UNLESS it clearly -What is not included in the provision
appears that the legislature intended to have a wider
scope for the proviso What is an Exception?
-It is a clause which exempts something from the
Ex: Sec. 15 RA 426, “Any existing law, executive operation of a statute by EXPRESS words
order or regulation to the contrary notwithstanding, no
government office, agency, or instrumentality except How is the exception expressed?
the Import Control Commission shall allocate the -“Except” “unless otherwise” “shall not apply” and
import quota among the various importers: Provided, similar words
Should the exception always be introduced by words 9. Illustration of Exception
“except” or “unless?”
-No. Manila Electric Co v Public Utilities Employees’
Association
How will an exception be construed? -Sec. 4 of Commonwealth Act 44 “No person, firm, or
-As if it removes something from the operation of a corporation, business establishment or place or centre
provision of law of labor shall compel an employee or labourer to work
during Sundays and legal holidays, unless he is paid
Exception confirms the general rule. It does not an additional sum of at least 25% of his regular
destroy the general rule. It does not qualify the words remuneration: Provided, however, That this
or phrases constituting the general rule. prohibition shall not apply to public utilities
performing some public service such as supplying gas,
What if matters are not included in the exception? electricity, power, water, or providing means of
-It is included in the general rule transportation or communication.”
-Petitioner Manila Electric Co is a public utility
Why do you need an express exception? supplying electricity and provides means of
-Because if it is not included in the exception, it will transportation to the public
be implied as part of the general rule. -Issue: W/N Manila Electric Co, a public utility, is
liable to pay an additional compensation of 25% of the
What is Exceptio firmat regulam in casibus non remuneration of employees who were required to work
exceptis? during Sundays and legal holidays
-A thing not being excepted, must be regarded is -Ruling: No. Sec. 4 consists of two parts: 1. Enactment
coming within the purview of a general rule. clause (before proviso) 2. Exception (exempts public
utilities performing some public service)
What if there are doubts in the exceptions? -Since Manila Electric Co is a public utility providing
-Should be resolved in favor of the general provisions public service, it is exempted from the qualified
rather than exceptions prohibition (unless he is paid) in the enactment clause.
-Manila Electric Co may compel its employees to
8. Exception and Proviso distinguished work during Sundays and legal holidays without
What is the difference of exception and proviso? paying them extra compensation
-Exception: -Even if “Provided” was used, the second part is still
-exempts something absolutely from the an exception because it takes out something from the
OPERATION of a statute, by express words in the enactment (not applying to public utilities)
ENACTING clause
-takes out of the statute something that 10. Saving clause
otherwise would be a part of the subject matter of it What is a saving clause?
-generally part of the enactment itself, -It is a clause in a provision of law which operates to
absolutely excluding from its operation some subject except from the effect of the law what the clause
or thing provides OR
-Proviso: -to save something which would otherwise be lost
-defeats its operation conditionally
-avoids something by way of defeasance (null When is it used?
and void) or excuse -It is used to except or save something from the effect
of a repeal of a statute
When does an Exception become a Proviso?
-When the enactment is modified by engrafting upon Ex: A repealed law. A saving clause may preserve the
it a new provision, by way of amendment, providing right of the state to prosecute and punish offences
conditionally for a new case committed in violation of repealed law.

How are Exception and Proviso similar? How should a saving clause be construed?
-they both except something from an enacting clause -With the intent or purpose the legislature had in mind