Polytechnic University of the Philippines

College of Law
Juris Doctor
Ninoy Aquino Library and Learning Resources Center
Sta. Mesa, Manila

INTERPRETATION OF WORDS AND PHRASES

and

STATUTE CONSTRUED AS WHOLE AND IN RELATION TO OTHER

STATUTES

This is a Summary of Chapters V & VI of Statutory Construction by Ruben

E. Agpalo. This paper also includes a reviewer to help better understand
the topics.

In Partial Fulfilment of the Requirements in Statutory Construction for the Juris Doctor
Degree

Andaya, Jarmaine L.
Garcia, Julie Ann Joy Garcia E.
Lobas, Shela L.
Magbitang, Arbie C.
Ordonia, Princess Celinne A.
Robles, Marielle Shaira L.

Atty. Gary C. Aure

 CHAPTER V
INTERPRETATION OF WORDS AND PHRASES

A. In General

Generally

What are the words or phrase used in a statute?

- The word or phrase in a statute may have an ordinary, generic, restricted,
technical, legal, commercial or trading meaning.

What are the tasks of the judiciary in interpreting the words and
phrases of the statute?
- The tasks of the judiciary in interpreting the words and phrases of the
statute are the following:
a) Ascertain intent from statute
b) Ascertain intent from extraneous and relevant circumstance
c) Construe word or phrase to effectuate such intent

What is the general rule in interpreting the meaning and scope of a

term used in the law?
- The general rule involves the review of the whole law as well as the
intendment of the law and not of an isolated part of a particular provision
alone.

Statutory Definition

Who controls the meaning of the statute?

- The Legislative definition controls the meaning of the statutory word,
irrespective of any other meaning the word have in ordinary and usual
sense.

Qualification of a Rule

When does the statutory definition do not apply?

- Statutory definition does not apply when:
a) Application creates incongruities
b) Destroy its major purposes
c) Becomes illogical as result of change in its factual basis
Words Construed in their Ordinary Sense

What is the general rule in construing words and phrases in a statute?

- The general rule is that a statute should be given a clear, plain, and
ordinary meaning.

General Words Construed Generally

What is the meaning of generalia verba sunt generaliter intelligenda?

- The legal maxim means general words shall be understood in a general
sense.

In a case that word in statutes has both restricted and general meaning,
what should prevail?
- The general meaning must prevail unless the nature of the subject matter
and context in which it is employed clearly indicates that the limited
sense is intended.

Note: General words should not be given a restricted meaning when no

restriction is intended.

Generic term includes things that arise thereafter

What is progressive interpretation?

- Progressive interpretation comprehends the conditions obtained on the
time of the enactment and also the conditions that may arise after its
enactment and approval. It also extends the application of the statutes
involving all subjects or conditions within its general purpose or scope.

Words with commercial or trade meaning

How should the commercial or trade meaning be understood?

- Commercial or trade meaning should be understood as universally
understood by importer or trader.

Words with technical /legal meaning

How should technical/legal meaning be interpreted?

- Technical/legal meaning should be interpreted according to the sense in
which they have been previously used, although the sense may vary from
strict or literal meaning of the words.
What is the presumption?
 - Language used in a statue which has a technical or well-known meaning
is used in that sense by Legislature.

B. Associated Words

What is Noscitur a sociis ?

- Meaning: a word is determined by the word that surround it.
- The maxim means that if a particular word or phrase is ambiguous in
itself or is equally susceptible of various meaning, its correct construction
may be made clear and specific by considering the company of words in
which it is found or associated.

What will you do if there is doubt in the meaning of the word?

- Doubt may be removed by reference to the meaning of associated or
companion words.

What are the samples of the principle noscitur a sociis?

- Section 13(3), Art XI of the constitution grants the ombudsman the 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, and ensure compliance
therewith.
- The word suspension should be given the same sense as the other
words with which it is associated, namely as a penalty or punitive
because the other words associated with it are penalties in administrative
cases.
- Sec. 458 of the local government code authorized local government units
to prevent or suppress gambling and other prohibited games of chances
the word gambling should be read as illegal gambling which. Like other
prohibited games of chance, must be prevented or suppressed and not to
gambling which has been authorized by specific statutes.

What is Ejusdem generis?

- Meaning: of the same kind or nature
 - It is used to interpret loosely written statutes. An example of this is if a
law refers to a automobiles, trucks, tractors, motorcycles and other
motor-powered vehicles vehicles would not include airplanes, since the
list was of land-based transportation. (by Gerald N. Hill and Kathleen T.
Hill)
- This maxim means that when a statute describe things of particular class
or kind accompanied by words of a generic character, the generic words
will usually be limited to things of associated nature with those
particularly enumerated, unless there be something in the context of the
statute to repel such inference.
- This principle is based on the proposition that the legislature intended
the general words to be used in their generic and unrestricted sense, it
would not have enumerated the specific words

What are samples of the principle of ejusdem generis?

- When an act makes unlawful the distribution of electoral propaganda
gadgets, pens, lighters, fans, flashlights, athletic goods or materials and
the like the term and the like does not embrace taped jingles for
campaign purposes but those only specifically enumerated.

- Another example of this principle is when a statute makes the

classification dynamos, generators, exciters, and other machinery for the
generation of electricity for lighting or for power the phrase other
machinery would not include steam turbines, pumps and condenser
because these are not the same class of machinery as mentioned in the
enumeration.

What are the limitations of ejusdem generis?

1. A statute contains an enumeration of particular and specific words,

followed by a general word or phrase.
2. The particular and specific words constitute a class or are of the same
kind.
3. The enumeration of the particular and 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.
 What is expression unius est exclusion alterius?
- Meaning: when one or more things of a class are expressly mentioned
others of the same class are excluded.
- It is based on the rules of logic and the natural workings of the human
mind.
- This principle can be formulated in number of ways.
1. Expressum facit cessare tacitum.
2. Exeptio firmat regulam in casibus non exceptis.

What is an example of expressio unius est exclusion alterius?

- An example of expression unius est exclusion alterius is the case of
Parayno v Jovellanos, G.R. No. 148408, July 14, 2006 where the Court held
that since the ordinance made a distinction between gasoline service
station and gasoline filling station the Maxim ejusdem generis does not
apply and what is applicable is the expression unius exclusion alterius.

What are the limitation of expression unius est exclusion alterius?

- In the Court in coconut oil Refiners Assn., Inc v. Torres G.R. No. 132527,
July 29, 2005 ruled that expression unius est exclusion alterius is not
applicable where words are used by example only.

What is the argumentum a contrario?

- Meaning: what is expressed puts an end to that which is implied also
known as negative-opposite doctrine.

What are the variations of this rule and how is it formulated?

- Expressum facit cessare tacitum where the rule is that what it expressed puts
an end to that which is implied.

- Exceptio firmat regulam in casibus non exceptis a maxim of recognized utility;

a thing not being excepted must be regarded as coming within the purview of the
general rule.
 What is the basis of this maxim?

- Its variations are canons of restrictive interpretation. They are based on the rules
of logic and the natural workings of human mind. They are predicated upon
ones own voluntary act and not upon that of others.

How can we apply the expression unius rule?

- Where a statute directs the performance of certain acts by a particular person or

class or persons, it implies that it shall not be done otherwise or by different
person or class of persons.

- If a statute enumerates the things upon which it is to operate, everything else

must necessarily, and by implication, be excluded.

- It should be applied only as a means of discovering legislative intent which is not

otherwise manifest, and should not be permitted to defeat the plainly indicated
purpose of the Legislature.

When is it not applicable?

- It is not applicable when words are used by example only.

What are the limitations of this rule?

- It is no more than an auxiliary rule of interpretation to be ignored where other

circumstances indicate that the enumeration was not intended to be exclusive.

- The reason is that there are circumstances indicating that the enumeration is not
intended to be exclusive, as shown by the fact that to exclude the provision and
others not mentioned therein would be productive of undesirable consequences
not intended by its framers, and disruptive of the principle that uniformity of
rules designed to simplify procedure in all courts.

Doctrine of casus omissus casus omissus pro omisso habendus est; a person, object or
thing omitted from an enumeration must be held to have been omitted intentionally.

When can we apply this maxim?

 - The maxim operates and applies 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.

- The court cannot under its power of interpretation supply the omission even
though the omission may have resulted from inadvertence or because the case in
question was not foreseen or contemplated.

When is it not applicable?

- It does not apply where it is shown that the legislature did not intend to exclude
the person, thing or object from the enumeration.

Doctrine of last antecedent ad proximum antecedens fiat relation nisi impediatur

sentential; relative words refer to the nearest antecedents.

What is the application of this maxim?

- The use of 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.

C. Provisos, Exceptions and Saving Clause

What is the nature of a proviso?

- To limit the application of the enacting clause, section, or provision of a

statute, except something therefrom, qualify or restrain its generality,
exclude some possible ground of misinterpretation.

What is its rule and purpose?

- To restrain or qualify the generality of the enacting clause or section which it refers.
- Limit or restrict the general language or operation of the statute, not to enlarge it
 Can a proviso be an additional legislation?

- A proviso may also assume the role of an additional legislation. It has been held that
usual and primary office of a proviso is to limit generalities and exclude from the
scope of the statute that which otherwise would be within its terms.

What does a proviso qualifies?

- The general rule is that the office of the proviso qualifies or modifies only the phrase
immediately preceding it or restrains or limits the generality of the clause that it
immediately follows.

What is the exemption to the rule?

- The legislative intent is to restrain or qualify not only the phrase immediately
preceding it but also earlier provisions of the statute or even the statute itself as a
whole, then the proviso will be construed in that manner, in order that the intent of
the law may be carried out.

What is an exception?

- It is a clause which exempts something from the operation of a statute by express

words except, unless otherwise, shall not apply

What is its function?

- The function of a an exception is neither to color nor to dominate nor to destroy the
general rule

From the case, MERALCO v. Public Utilities Employees Association, Is

MERALCO liable to pay the 25% for employees who work during holidays and
Sundays?
- No. The 2nd part of the exception although introduced by Provided as appellant is a
public utility that supplies electricity & provides means of transportation, it is
evident that appellant is exempt from qualified prohibition established in the
enactment clause.

What is a Saving Clause?

- It is a clause in a provision of law which operates to except from the effect of the law
what the clause provides, or to save something which would otherwise be lost and it
is usually used to except or save something from the effect of a repeal of a statute.

CHAPTER VI
STATUTE CONSTRUED AS WHOLE IN RELATION TO OTHER STATUTES

A. STATUTE CONSTRUED AS A WHOLE

How to construct a statute as a whole?

 Answer: A statute is passed as a whole and not in parts or sections and is animated
by one general purpose and intent. Hence, it should be construed as a harmonious
whole. J

Maxim: ut res magis valeat quam pereat (that construction is to be sought which
gives effect to the whole of the statute)

What is the unsafe way of construction?

Answer: Dividing a statute by a process of etymological dissertation, into separate

words, and then apply each, separated from its context, some particular definitions
given by lexicographers, and then reconstruct the statute upon the basis of these
definitions.J

What is importance in construction?

Answer: The intent of the statute is ascertained from it taken as a whole. And this
purpose (intent) controls its construction- how each word and phrases may be given
meaning.J

Intent is ascertained from statute as a whole

- The intent or meaning of it should be ascertained from the statute taken as a whole and
not from isolated parts of it.

- A statute should be construed with reference to every other part and every word and
phrase in connection with its contextJ

What does it mean by the maxim, "optima statuti interpretatrix est ipsum
statutum"?

Answer: the best interpreter of a statute is the statute itself.

What is the presumption and exception in the construction of a statute as a whole?

Answers:

Presumption: The legislature has enacted a statute whose provisions are in harmony
and consistent with each other and that conflicting interpretation in the same
statute are never supposed or regarded.
 Exception: If one part of a statute cannot be reconciled or harmonized with another
without nullifying one in favour of another, the court should construe it by choosing
the one which will best effectuate the legislative intent.

How can a construction of a statute as a whole be done?

Answers:

1. Take the thought conveyed by the statute as a whole;

2. Construe the constituent parts together;
3. Ascertain the legislative intent from the whole act;
4. Consider each and every provision in the light of its general purpose;

Can conflicting provisions be reconciled?

Answer:

Apparently conflicting provisions reconciled.

- All provisions, even if apparently contradicting, should be allowed to stand and
given effect by reconciling them.
- The courts should endeavour to reconcile statutes instead of declaring outright the
invalidity of one against the other.

B. STATUTE CONSTRUED IN RELATION TO CONSTITUTION AND OTHER STATUTES

Statute construed in harmony with the Constitution

Constitution the fundamental law to which all laws are subservient

GENERAL RULE: Do not interpret a statute independent from the constitution

Why the statute needs to be construed in harmony with the fundamental law?
 The statute needs to be construed in harmony with the fundamental law because it
is always presumed that the legislature adhered to the constitutional limitations
when they enacted the statute. Furthermore, it is also important to understand a
statute in light of the constitution and to avoid interpreting the former in conflict
with the latter.

What if the statute is susceptible to two constructions, one is constitutional

and the other is unconstitutional?
The construction that should be adopted should be the one that is constitutional and
the one that is constitutional and the one that will render it invalid should be
rejected. The Court should favor the construction that gives the statute of surviving
the rest of constitutionality. The Court cannot in order to bring a statute within the
fundamental law, amend it by construction.

TAADA v. TUVERA
This is the case regarding Article 2 of the Civil Code especially the phrase unless
otherwise
provided

Statutory Construction: One should understand that if the phrase refers to the
publication
itself it would violate the constitution (since all laws should be made public)

Statute In Pari Materia

What is In Pari Materia?

In Pari Materia refers to any of the following:
a. Same person or thing
b. Same purpose of object
c. Same specific subject matter

What if the later law have no reference to the prior law, does that mean they
are not In Pari Materia?
No. It is sufficient that they have the same subject matter.

What is a statute not In Pari Materia?

The conditions above are the determinants of ascertaining if a statute is In Pari
Materia, thus even if two statutes are under the same broad subject as along as their
specific subjects are not the same, they are NOT In Pari Materia

How statutes in Pari Materia construed?

 What does the legal maxim, Interpretare et concordare leges legibus est
optimus interpretandi modus means?
It means that every statute must be so construed and harmonized with other
statutes as to form a uniform system of jurisprudence. It should construe the
statutes In Pari Materia together to attain the purpose of an express national policy.

Why should they be construed together?

It is because of the assumption that when the legislature enacted the statutes they
were thinking of the prior statute. Prior statutes relating to the same subject matter
are to be compared with the new provisions. Again, it is important to harmonize the
statutes. Courts should not render them invalid without taking the necessary steps
in reconciling them.

What are the things to consider in constructing statutes which are In Pari
Materia?
It should consider the following:
a. History of the legislation on the subject
b. Ascertain the uniform purpose of the legislature
c. Discover the policy related to the subject matter has been changed or modified
d. Consider acts passed at prior sessions even those that have been repealed

What does the legal maxim, Distingue tempora et concodabis jura means?
It means Distinguish times and you will harmonize laws.

In cases of two or more laws with the same subject matter, does the later act
impliedly repeal the prior act?
No. The rule is, the only time a later act will be repealed or amended is when the act
itself expressly stated the amendment or repeal so that it will supersede all the prior
acts or when there is an irreconcilable repugnancy between the two.

In the case of implied, what will be the consequences?

The doubt will be resolved against the repeal of amendment and in favor of the
harmonization of the laws on the subject. The later statute will serve as a
modification.

Reason why laws on same subject are reconciled

What are the reasons why laws on the same subject are reconciled?
There are two main reasons:
a. The presumption that the legislature took into account prior laws when they
enacted the new one
 b. Enactments of the same legislature on the same subject are supposed to form
part of one uniform system. It is because later statutes are supplementary to the
earlier enactments.

Note: If possible, construe the two statutes wherein the provisions of both are given
effect

Where harmonization is impossible

What is the rule on the impossibility of the harmonization?

The rule is the earlier law should give way to the later law, it being the current or
later expression of the legislative will.

Illustration of the rule (In Pari Materia)

LACSON v. ROQUE
Issue: the phrase unless sooner removed of a statute that states the mayor shall hold
office for
four years unless sooner removed

Statutory Construction: The court held that the phrase should be construed in relation to
removal
statutes. Thus the phrase meant that although the mayor cannot be removed during his
term of
office, once he violates those that are stated in removal statutes.

CHIN OH GOO v. CONCEPCION

Issue: Revised Penal Code, Article 12 (1): Exempting Circumstance for Imbecile and
Insane
Persons

Statutory Construction: The phrase, shall not be permitted to leave without first obtaining
permission of the same court should be reconciled with another statute that states any
patient
confined in a mental institution may be released by the Director of Health once he is cured.
The
Director shall inform the judge that approved the confinement. These two statutes refer to a
person
who was criminally charged but was proven to be an imbecile or insane thus they should
be
construed together. Their construction would mean that in order for the patient to be
released,
there should be an approval of both the court and the Director of Health.

General and Special Statutes

What is a General Statute?

General Statute applies to all of the people of the state or to a particular class of
persons in the state with equal force. It is universal in application.

What is a Special Statute?

Special Statute relates to particular persons or things of a class or to particular
portion or section of the state only.

Does the Special Statute considered In Pari Materia?

Yes. It is considered as statutes in pari materia. Thus, they should be read together
and harmonized.

What if there are two acts which contain one general and one special?
If it produces conflict, the special shall prevail since the legislative intent is clearer
thus it must be taken as intended to constitute an exception. Think of it as one
general law of the land while the other applies only to a particular case.

What if the special law is passed before the general law?

It does not matter because the special law will still be considered as an exception
unless expressly repealed.

Reason for the rule

What is the reason for the rule?

The reason for the rule is because the Special Law is considered as an exception to
the general rule as long as it is in the same subject.

Qualification of the rule

The rule aforementioned is not absolute. What are the exceptions?

The exceptions are:
a. If the legislature clearly intended the general enactment to cover the whole
subject and to repeal all prior laws inconsistent therewith
b. When the principle is that the special law merely establishes a general rule
while the general law creates a specific and special rule
Reference Statute

What is Reference Statute?

The Reference Statute is a statute which refers to other statutes and makes them
applicable to the subject of legislation. It is used to avoid encumbering the statute
books of unnecessary repetition and should be construed to harmonize and give
effect to the adopted statute

Supplemental Statute

What is Supplemental Statute?

Supplemental Statute is intended to supply deficiencies in existing statutes. It should
be read with the original statute and construed together.

Reenacted Statutes

What is reenacted statute?

It is a statute which reenacts previous statute or provision. Reenacted Statute also
reproduces an earlier statute with the same or substantially the same words

Adoption of contemporaneous construction

What is the courts responsibility in construing the reenacted statute?

The court should take into account prior contemporaneous construction and give
due weight and respect to it

Qualification of the rule

When is the rule of adoption of contemporaneous construction applicable?

It is applicable only when the statute is capable of the construction given to it and
when that construction has become a settled rule of conduct.

Adopted Statutes
 What is an Adopted Statute?
It is a statute patterned after a statute of a foreign country. The Court should take
into consideration how the courts of other country construe the law and its
practices.