IV.

CONSTRUCTION AND • The courts should administer the law

INTERPRETATION OF WORDS AND not as they think it ought to be but as
PHRASES they find it and without regard to
consequences.

A word or phrase used in a statute

may have an ordinary, generic, restricted, Provisos
technical, legal, commercial or trading
- is clause or part of a clause in the
meaning.
statute

- Limit the application of the

Ubi lex non distinguit nec nos enacting clause, section, or provision of a
distinguere debemos: statute, or to except something from it, or
qualify or restrain its generality, or to
- where the law does not distinguish,
exclude some other ground of exclude
courts should not distinguish
some possible ground of
misrepresentation

Exception: If there is a contrary legislative

Presumption:
intent
The legislature made no
*Commonly found at the end of a
classification in the use of a general word
section, provision, and introduced by the
or expression
following:

1. “Provided”
Exception:
2. But nothing herein
Where the law does not make any
*But the use of “provided” does
exception, courts may not except
not necessarily make the provision a
something therefrom, unless there a
proviso.
compelling reason to justify it.
What determines whether a clause is a
Where there are facts or
proviso is not is its substance then its
circumstances showing that the legislature
form.
intended a distinction or qualification
Roles:

1. Limit or restrain the general language

Application: when legislature laid down a
rule for one class, no difference to other
class.
Corollary principle: General words or
phrases in a statute should ordinarily be
accorded their natural and general
significance
• General term or phrase should not be
reduced into parts and one part
distinguished from the other to justify its
exclusion from operation.
2. Enlarge, restrict or limit a phrase of
limited import had there been no proviso
qualifying it.
3. Give additional legislation
4. Qualifies or modifies the phrase
immediately preceding it.
*If there is a repugnancy between
a proviso and the main provision, the first
step is harmonizing the two. If there is an

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irreconcilable conflict, that which is - may sometimes be expanded to a
located in a later portion of the statute general signification by the consideration
prevails since it is the latest expression of that the reason of the law is general.
legislative intent.
Generalia verba sunt generaliter
Exceptions intelligenda

- Clause which exempts or removes - what is generally spoken shall be

something from the operation of a statute generally understood; general words shall
by express words be understood in a general sense.

- Words used: except, unless, otherwise, Generale dictum generaliter est

shall not apply interpretandum

- But it need not always be introduced by - a general statement is understood in

these words. a general sense

- Confirms the general rule • In case word in statute has both

restricted and general meaning, GENERAL
- Express mention of exceptions excludes
must prevail; Unless nature of the subject
other exceptions; and conversely, those
matter & context in which it is employed
which are not within the enumerated
clearly indicates that the limited sense is
exceptions are deemed included in the
intended.
general rule
•General words should not be given a
Maxim: exceptio firmat regulam in casibus
restricted meaning when no restriction is
non exceptis (a thing that is not excepted
indicated.
must be regarded as coming within the
purview of the general rule) Rationale: if the legislature intended to
limit the meaning of a word, it would have
been easy for it to have done so.

• Statutes framed in general terms apply

to new cases and subjects that arise.

• General rule in StatCon: Legislative

enactments in general comprehensive
General terms operation, apply to persons, subjects and
businesses within their general purview
- are to receive a general construction,
and scope coming into existence
unless retrained by the context or by plain
subsequent to their passage.
inferences from the scope and purpose of
the act.

- may be restrained and limited by

specific terms or provisions with which
they are associated.

Special terms

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 same kind” or class with those specially
named in the preceding words.

ejusdem generis (the same kind or

species)  is merely a tool of statutory
construction resorted to when
General rule: when a general word/phrase legislative intent is uncertain
follows an enumeration of particular and
specific words of the same, the general Requisites:
word or phrase is to be construed to
1. Enumeration of particular and specific
include, or to be restricted to, persons,
words, followed by a general word
things or cases akin to, resembling, or of
the same kind or class as those 2. The specific words constitute a class or
specifically mentioned. of the same kind

- While general words are accorded 3. Enumeration is not exhaustive or be an

their generic sense, as a rule, they will not
be given such meaning if they are used in
association with specific words
Purpose: give effect to both particular or
general words, by treating the particular
words as indicating the class and the
general words as indicating all that is
embraced in said class, although not
specifically named by the particular words.
Principle: based on proposition that had
the legislature intended the general words
to be used in their generic and
unrestricted sense, it would have not
enumerated the specific words.
example
4. No indication of legislative intent to
give the general words or phrases a
broader meaning
Limitations:
1. The specific words do not constitute a
readily discernible class and are patently
not of the same kind
2. There is the regulatory intent to give
the general phrase a broader meaning
3. The most important is that the
statutory provision is not itself restrictive

Presumption: Had the legislature intended 4. Where the law is clear and free from
the general words to be used in their ambiguity
generic and unrestricted sense, it would
not have enumerated specific words since
the minds of the legislators are addressed
to the particularization.

But this rule must be discarded

where the legislative intention is plain to
the contrary.

This rule is commonly called the

“ejusdem generis” rule, because it teaches
us that broad and comprehensive
expressions in an act, such as “and all
others”, or “any others”, are usually to be
restricted to persons or things “of the

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 implied had none been expressed; opposite the
doctrine of necessary implication

“Expressio unius est exclusio

Limitations:
alterius”
1. Not applicable where words are used by
(negative-opposite doctrine)
example only or to remove doubts
> Express mention of one person, thing or
2. When the enumeration was not
consequence implies the exclusion of all
intended to be exclusive
the others
3. If there is no reason why other persons
- Canon of restrictive interpretation based
or things not so enumerated should not
on the rules of logic and the natural
have been included and manifest injustice
workings of the human mind
will follow by non-inclusion (violation of
(particularization)
equal protection clause)
- Opposite of doctrine of necessary
4. When it defeats the plainly indicated
implication
purpose of the legislature
- Generally used in the construction of
5. If it leads to inconvenience, hardship
statutes granting powers, creating rights
and injury to public service
and remedies, restricting common rights,
and imposing penalties and forfeitures, as
well as those strictly constured
Except:

 When there is manifest of injustice

Presumption: The legislature would not  When there is no reason for exception.
have made specified enumerations in the
statute had the intention been not to
restrict its meaning and confine its terms
to those expressly mentioned. Negative-opposite doctrine:
• Rule may be expressed in a number of ways:
• Argumentum a contrario
o Expressum facit cessare tacitum
- what is expressed puts an end to
- what is expressed puts an end to that what is implied.
which is implied where a statute, by its terms,
is expressly limited to certain matters, it may
not, by interpretation or construction, be
extended to other matters.

o Exceptio firmat regulam in casibus

non exceptis

- A thing not being excepted must be

regarded as coming within the purview of the
general rule

o Expressio unius est exclusion alterius

- The expression of one or more things of

a class implies the exclusion of all not
expressed, even though all would have been

4

“noscitur sociis” (associated words)
Where a particular word is equally
susceptible of various meanings, its
correct construction may be made specific
by considering the company of terms in
which it is found or with which it is
associated.
Where most of the word in an
enumeration of words in a statute are
used in their generic and ordinary sense,
the rest of the words should similarly be
construed.
• to remove doubt refer to the meaning of
associated or companion words
Use Of Negative Words
Negative words and phrases
regarded as mandatory while those
affirmative are mere directory.
The word “shall” emphasizes
mandatory character and means
imperative, operating to impose a duty
which may be enforced.
The use of the word
“MAY” and “SHALL” in the statute
Use of the word “may” in the
statute generally connotes a permissible
thing, and operates to confer discretion
while the word “shall” is imperative,
operating to impose a duty which may be
enforced.
The term “shall” may be either as
mandatory or directory depending upon a
consideration of the entire provision in
which it is found, its object and
consequences that would follow from
construing it one way or the other.
1) The term "may," as used in a statute,
should be given its ordinary meaning
intended by the CONGRESS -permission,
importing discretion.
2) It is also true, however, that the
Supreme Court has held that the word
"may," while ordinarily importing
permission, will be construed to be
mandatory when it is necessary to
accomplish the manifest purpose of the
legislature.
3) The use of the word "shall" in a statute
generally implies that its terms are
intended to be mandatory, rather than
permissive or directive.
4) "The use of ‘shall,’ in a statute
requiring action by a public official, is
directory and not mandatory unless the
statute manifests a contrary intent."
"A statute directing the mode of
proceeding by public officers is to be
deemed directory, and a precise
compliance is not to be deemed essential
to the validity of the proceedings, unless
so declared by statute.
“MUST”
The word “must” in a statute like
“shall” is not always imperative and may
be consistent with an exercise discretion.
The use of the term “AND” and the
word “OR”
“And” means conjunction
connecting words or phrases expressing
5
the idea that the latter is to be added or
taken along with the first.

“Or” is a disjunctive particle used

to express as alternative or to give a
choice of one among two or more things.
It is also used to clarify what has already
been said, and in such cases, means “in
other words,” “to wit,” or “that is to say.”
Computation of Time:

 Art. 13, New Civil Code

When the laws speak of years,
months, days or nights, it shall be
understood that years are of three
hundred sixty five days each; months of
thirty days; days of twenty –four hours;
and nights from sunset to sunrise.
If months are designated by their
name, they shall be computed by the
number of days which they respectively
have.
 Sec. 31, Admin Code of 1987
Legal Periods. - "Year" shall be
understood to be twelve calendar months;
"month" of thirty days, unless it refers to
a specific calendar month in which case it
shall be computed according to the
number of days the specific month
contains; "day," to a day of twenty-four
hours; and "night," from sunset to
sunrise.

In computing a period, the first day

shall be excluded, and the last day
Exception: Computation of the
included
prescription of a crime. If the last fell on a
A “week” means a period of seven
consecutive days without regard to the Sunday or a legal holiday, a charge cannot
day of the week on which it begins. be filed on the next working day since it
shall be considered prescribed. (Rules on
Civpro?)