Doctrine of Last Antecedent Generally speaking, qualifying words restrict or modify only the words or phrases to which they

are immediately associated. They do not qualify words or phrases which are distantly or remotely located. In other words, in the absence of legislative intent to the contrary, preferential and qualifying words and phrases must be applied only to their immediate or last antecedent, and not to the remote or preceding words or associations of wordsThe maxim expressive or this rule is ad proximum antecedens fiat relatio nisi impediatur sententia, or relative words refer to the nearest antecedents, unless the context otherwise requires. The use of a comma to separate an antecedent from the rest exerts a dominant influence in the application of the doctrine of last antecedent. Thus it has been held that the qualifying effect of a modifying word or phrase will be confined to its immediate antecedent if the latter is separated by a comma from the other antecedents.1 Illustrations: Nera v. Garcia (1960)2 Statutory phrase: Revised Administrative Code, Sec. 694. Removal or suspension. No officer or employee in the civil service shall be removed or suspended except for cause as provided by law. The President of the Philippines may suspend any chief or assistant chief of a bureau or office and in the absence of special provision, any other officer appointed by him, pending an investigation of his bureau or office. With the approval of the proper head of department, the chief of a bureau in his bureau or under his authority pending an investigation, if the charge against such subordinate or employee involves dishonesty, oppression, or grave misconduct or neglect in the performance of duty. (Emphasis supplied). Ruling: It will be observed from the last four lines of the second paragraph that there is a comma after the words dishonesty and oppression, thereby warranting the conclusion that only the phrase "grave misconduct or neglect "is qualified by the words "in the performance of duty". In other words, dishonesty and oppression to warrant punishment or dismissal, need not be committed in the course of them performance of duty by the person charged. Florentino v. Philippine National Bank (1956)3 Statutory Phrase: Republic Act No. 879, Sec. 2. The Treasurer of the Philippines shall, upon application of all persons specified in section one hereof and within one year from the approval of this Act, and under such rules and regulations as may be promulgated by the Secretary of Finance, acknowledge and file requests for the recognition of the right of the salaries or wages as provided in section one hereof, and notice of such
1 rd

Agpalo, R.E., Statutory Construction. 3 Ed. (2003). p. 232. 2 G.R. No. L-13160 3 G.R. No. L-8782

acknowledgment shall be issued to the applicant which shall state the total amount of such salaries or wages due the applicant, and certify that it shall be redeemed by the Government of the Philippines within ten years from the date of their issuance without interest: Provided, That upon application and subject to such rules and regulations as may be approved by the Secretary of Finance a certificate of indebtedness may be issued by the Treasurer of the Philippines covering the whole or a part of the total salaries or wages the right to which has been duly acknowledged and recognized, provided that the face value of such certificate of indebtedness shall not exceed the amount that the applicant may need for the payment of (1) obligations subsisting at the time of the approval of this amendatory Act for which the applicant may directly be liable to the Government or to any of its branches or instrumentalities, or the corporations owned or control by the Government, or to any citizen of the Philippines, or to any association or corporation organized under the laws of the Philippines, who may be willing to accept the same for such settlement. Ruling: Grammatically, the qualifying clause refers only to the last antecedent; that is, any citizen of the Philippines or any association or corporation organized under the laws of the Philippines. It should be noted that there is a comma before the words or to any citizen, etc., which separates said phrase from the preceding ones.