CONSTRUCTION AND

INTERPRETATION OF WORDS
AND PHRASES USED IN A
STATUTE
Generally

 A word or phrase used in a statute may have an ordinary,

generic, restricted, technical, legal, commercial or trade
meaning
 It may have been defined in the statute itself, or may have
previously received a judicial construction.
 Which meaning should be given depends upon what the
legislature intended
 This could be found from the statute itself and secondarily
from extraneous and relevant circumstances
Statutory definition
 Legislative definition controls the meaning of the
statutory word, irrespective of any other meaning
the word or phrase may have in its ordinary or
usual sense
 Qualification: is controlling only insofar as said
act/law is concerned. The definition is not
conclusive as to the meaning of the same word or
tem as used in other statutes.
How to interpret words and phrases in
a statute?
 It depends. If the words and phrases used are
defined in the statute itself, such definition controls
the meaning of the statutory word, irrespective of
any other meaning the word or phrase may have
in its ordinary or usual sense.
 If there is no such definition, the words or phrases
in the statute should be interpreted in accordance
with its well-accepted meaning and they should
be construed in the light of the context of the
whole statute.
Is statutory definition conclusive to the
courts?
 Not necessarily conclusive to the courts in the
following cases:
 When such definition creates obvious incongruities
 When it contravenes the major purpose of the statute
and
 When it becomes illogical as a result of a change in its
factual basis
 In such cases, it will be given a meaning that will
serve the purpose of the law or which make the
law logical and free from incongruities
Rules
 Words construed in their ordinary sense
 General words construed generally
 Generic term includes things that arise thereafter
 Words with commercial or trade meaning
 Words with technical or legal meaning
 How identical terms in same statute construed
 Meaning of word qualified by purpose of statute
 Meaning of term dictated by context
 Where the law does not distinguish
 Disjunctive and Conjunctive words
Rules in the following situations:
 When a word used in a statute has a general
meaning
 When the word used has a technical meaning
 When the word used has no meaning in harmony
with the legislative intent
 When the word or phrase is repeatedly used in a
statute
Word has a general meaning
 The general word should not be given a restricted
meaning unless it is otherwise indicated
 Eg. “Foreigner” – includes juridical persons.
 “person” – includes private juridical corporation
unless it appears that it is used in a more limited
sense
 “judge” – includes judges in the inferior courts and
justices of the SC
Word has a technical meaning
 They are considered to have been used in their
technical sense
Eg. where criminal case is “dismissed” is not
equivalent to being “acquitted”
acquitted – finding of not guilty based on the merit,
does not include a dismissal of the case because
dismissal does not amount to acquittal, except when
the dismissal comes after the prosecution has
presented all its evidence and is based on
insufficiency of such evidence.
How identical terms in same statute
construed?
 A word or phrase used in one part of a statute
shall receive the same interpretation when used in
every other part of the statute, unless a different
meaning is intended. Likewise, when a word or
phrase is repeatedly used in a statute, it will, as a
rule, bear the same meaning throughout the statute
 Reason: It is presumed that a word used in a
statute in a given sense is to be used in the same
sense throughout the law.
 This is particularly applicable where iin the statute
the words appear near each other physically and
particularly where the word has technical meaning
and that meaning has been defined in the statute.
Illustration
Case: Krivenko vs. Register of Deeds, 79 Phil. 461)
- Riceland in share tenancy is classified according to

average produce per hectare for the three

agricultural years next preceding the current
harvest
- Riceland in leasehold tenancy is classified according

to the normal average harvest of the three

preceding years
- Year = agricultural year not calendar year
Meaning of a word qualified by
purpose of statute
 The purpose may indicate whether to give a word
or phrase an ordinary, popular, technical, legal,
commercial, restricted, or expansive meaning. In
construing a word or phrase, the court should adopt
that interpretation that accords best with the
manifest purpose of the statute or promotes or
realizes the object.
Word or phrase construed in
relation with other provisions
 A word, phrase or provision should not be
construed in isolation but must be interpreted in
relation to other provisions in the law.
 This is a variation on the rule that statutes should be
construed as a whole and each of the provisions
must be given effect.
Illustration
Case: Claudio vs. COMELEC
 Issue: how the term recall should be interpreted?

Recall election only or includes recall proceedings

from preparatory recall assembly, etc…?
 LGC provision

“No recall shall take place within one (1) year from the
date of the official’s assumption of office or one (1) year
immediately preceding a regular election”
 Supreme Court construed the word “recall” to refer
only to the recall election and not those proceedings
prior thereto, which may take some time.
 This was construed in relation to Sec. 69 of the
Code to the effect that
 “the power of recall… shall be exercised by the
registered voters of the local government unit to which
the local elective official belongs”
 Since the power vested on the electorate is not the
power to initiate recall proceedings but the power
to elect an official into office.
Meaning of term dictated by
context
 A word is to be understood in the context in which it
is used.
 While ordinarily a word or term in a statute will be
given the usual and commonly understood meaning,
the context in which the word or term is employed
may dictate a different sense.
 The context may give a broad sense to a word of
otherwise ordinary limited meaning
Eg.
“A riparian owner of the property adjoining foreshore lands,
marshy lands or lands covered with water bordering upon
shores of banks of navigable lakes or rivers shall have
preference to apply for such lands adjoining his property.”
Riparian strictly speaking is a person who owns land
situated in the banks of river. In this context, it is used in a
broader sense to also refer to those owners to any
property having a water frontage
 The context may also limit the meaning of what
otherwise is a word of broad signification.
Word has no meaning in harmony with
legislative intent
 These can be treated as surplusage and they may
entirely be ignored
 Before resorting to this however, the courts should
construe the statute in its entirety and find out if the
words used can still admit a reasonable
construction which can give them force and
meaning.
 Case: Montenegro vs. Castaneda (91 Phil 882)
When the law does not distinguish:
 Where the law does not distinguish courts should
not distinguish. Ubi lex non distinguit, nec non
distinguere debemus
 Founded on logic, in corollary of the principle that
general words and phrases in a statute should
ordinarily be accorded their natural and general
significance.
 There should be no distinction in the application of
statute where non is indicated.
Cases
 Philippine British Assurance Co. Inc. vs. The
Honorable Intermediate Appellate Court
 Juanito Pilar vs. Commission on Elections
 People of the Philippines vs. Hon. Judge Antonio C.
Evangelista and Guido S. Tugonon
Particular words and phrases
 OR and AND
 AND/OR
 SHALL and MAY
 ALL, EVERY, and ANY
 AND SO FORTH
 AND THE LIKE
 CANNOT, SHALL NOT
 THE FOLLOWING MAY, THE FOLLOWING SHALL
OR and AND
 OR – is a disjunctive term which indicates an
alternative. Various members of the sentence are to
be taken separately
 OR is not disjunctive:when the spirit or content of the
law warrants it
 AND – is a conjunctive term, it means that the
members of a sentence are to be taken jointly
 Exception: AND may mean OR if this is the plain
intention of the legislature which could be gleaned from
the context of the statute
AND/OR
 Effect shall be given to both the conjunctive AND
the disjunctive OR depending on which one will
serve the legislative
Cases:
 Dayao et al vs. COMELEC et al. GR No. 193643 and
Federation of Philippine Industries, Inc. v. COMELEC. Et
al. GR No. 193704
 Civil Service Commission v. Saturnino dela Cruz GR No.
158737. Aug. 31, 2004
SHALL and MAY
 SHALL is imperative. It operates to impose a duty,
which may be enforced
 MAY is permissive and it operates to confer
jurisdiction
Cases
 Purita Bersabal vs. Hon. Judge Serafin Salvador
G.R. No. L-35910, July 21, 1978
 Jenette Marie B. Crisologo vs. G.R. No. 167631,
December 16, 2005
 Globe Telecom, Inc. and Cesar M. Maureal, Vice
President for Human Resources G.R. No. 117188,
August 7, 1997
 Loyola Grand Villas Homeowners (South)
Association, Inc. vs. Court of Appeals GR No.
170678, July 17, 2006
Associated Words
 Noscitur a sociis
 Ejusdem generis
 Expressio unius est exclusio alterius
 Doctrine of last antecedent
 Reddendo singula singulis
Noscitur A Sociis:
 Where a particular word or phrase is ambiguous in
itself or susceptible of different meanings, its
correct construction may be made clear and
specific by considering the company of words in
which it is found or associated.
Illustration
 Eg. In cases of defamation, fraud, physical injuries
offended party can file separate and independent
civil action for damages under Art. 33 of the Civil
Code
Issue: does it include frustrated murder?
Case:
 Dra. Brigida S. Buenaseda et.al. vs. Secretary Juan

Flavier, et. Al. G.R. No. 106719, September 21,

1993
Ejusdem Generis
 Where a general word or phrase follows an
enumeration of particular and specific words of the
same class or where the latter follow the former,
the general word or phrase should be construed to
include, or to be restricted to persons, things or
cases akin to, resembling, or of the same kind or
class as those specifically mentioned.
Illustration
 Electoral propaganda, gadgets, pens, lighters, fans,
flashlights, athletic goods or materials, and the like.
--- exclude taped jingles
 Neglect of duty, oppression, corruption, or other
forms of maladministration of office --- exclude
those related to personal behavior
Cases
 Republic of the Philippines vs. Hon. Eutropio Migrinio and
Troadio Tecson G.R. No. 89483, August 30, 1990
 The People of the Philippines vs. Hon. Vicente B. Echavez Jr.
et.al. G.R. No. L-47757-61, January 28, 1980
 Misael P. Vera as Commissioner of Internal Revenue as Judge
of the CFI of Manila, Branch IV, Institute of Evaporated Filled
Milk Manufacturers of the Philippines, Inc. and Consolidated
Industries, Inc. G.R. Nos. L-33693-94, May 31, 1979
 Concepcion Parayno vs. Jose Jovellanos and Municipality of
Calasiao, Pangasinan, G.R. No. 148408, July 14, 2006
Expressio Unius est Exclusio
Alterius
 The express mention of one person, thing, or
consequence implies the exclusion of all others
 What is expressed puts and end to that which is
implied
 A general expression followed by exceptions
therefrom implies that those which do not fall under
the exceptions come within the scope of the general
expression
Expressio Unius est Exclusio
Alterius
 The expression of one or more things of a class
implies the exclusion of all not expressed, even
though all would have been implied had none been
expressed.

Case:
 San Pablo Manufacturing Corporation, petitioner

vs. Commissioner of Internal Revenue G.R. No.

147749, June 22, 2006
Doctrine of last antecedent
 A qualifying word or phrases should be understood
as referring to the nearest antecedent.
 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 association of words.
Illustration
 Tenant – a person who, himself and with the aid
available from within his immediate household,
cultivates the land belonging to, or possessed by
another
 Immediate farm household – members of the family
of the tenant, and such other person or persons,
whether related or not, who are dependent upon
him for support and who usually help operate the
farm enterprise
Qualification of the doctrine
 Where the intention of the law is to apply the
phrase to all antecedents embraced in the
provision, the same should be made extensive to
the whole
 Eg. Xxx facilities, improvements, infrastructures and
other forms of development, xxx which are
offered and indicated in the approved subdivision
or condominium plans
Reddendo singula singulis
 Variation of doctrine of last antecedent which
means referring each to each
 The antecedents and consequences should be read
distributively to the effect that the each word is to
be applied to the subject to which it appears by
context most appropriately related and to which it
is most applicable.
Illustration
 Section 6, Rule 122 of the Rules of Court:
“an appeal must be taken within fifteen (15) days
from promulgation or notice of the judgment or
order appealed from.”
Issue: when to count the 15-day period, from
promulgation or from notice of judgment?
Decision: from promulgation of the judgment
Promulgation refers to judgement whereas notice
refers to order.
Other rules
 General and Special Terms: Colgate-Palmolive
Phils. Inc. vs. Hon. Pedro M. Jimenez vs. Auditor
General
 Use of Negative Words: Manolo P. Fule vs. The
Honorable Court of Appeals G.R. No. L-79094,
June 22, 1988
Proviso
 Commonly found at the end of a section or
provision and is introduced by “Provided.”
 The office of the proviso is either to limit the
application of the enacting clause, section, or
provision of a statute, or to except something
therefrom, or to qualify or restrain its generality,
or to exclude some possible ground of
misinterpretation of it, as extending to cases not
intended by the legislature to be brought within its
purview. (generally, not to enlarge it)
 Exception: When the legislative intent is to
enlarge it:
 Eg.
“It shall be unlawful for any person for any person to
carry concealed about his person any bowie, knife,
dagger, kris, or other deadly weapon: Provided,
that this provision shall not apply to firearms in the
possession of persons who have secured a license
therefor or who are entitled to same under the
provisions of this Act.”
 Issue: does “other deadly weapon” include an
unlicensed firearm concealed about the person?
 Answer: Following rule of ejusdem generis,
supposedly, it does not because the enumeration
refers to bladed weapons, not firerams.
However, with the proviso, the mention of
firearms implies that an unlicensed firearm is
included in the term “other deadly weapon”
 Effect: proviso enlarged the scope of the law
 General rule is that proviso qualifies or
modifies only the phrase immediately preceding
it or restrains or limits the generality of the
clause that it immediately follows, not to the
statute itself or to other sections of it.
 Exception: Where the legislative intent is to
restrain or qualify not only the phrase
immediately preceding it but also earlier
provisions or even the statute itself as a whole
Cases:
 ALU-TUCP vs. NLRC and National Steel
Corporation G.R. No. 109902, August 2
 Acting Commissioner of Customs vs. Manila Electric
Company and Court of Tax Appeals G.R. No. L-
23623, June 30, 1997
 Danilo E. Paras vs. Commission on Elections G.R.
No. 123169, November 4, 1996
Exception
 Consists of that which would otherwise be
included in the provision from which it is
excepted.
 Clause which exempts something from the
operation of a statute by express words.
 Generally expressed by words such as
“except”, “unless”, “otherwise” and “shall not
apply”
 The function of an exception is neither to color nor
to dominate nor to destroy the general rule.
 Express mention of exceptions operates to exclude
other exceptions, those which are not within the
enumerated exceptions are deemed included in
the general rule.
 Exceptions as a general rule should be strictly but
reasonably construed, they extend only as far as
their language fairly warrant and all doubts
should be resolved in favor of the general
provisions.

 Case : Cecilio de Villa vs. Court of Appeals

Exceptions vs. Proviso
 An exception exempts something absolutely from
the operation of a statute by express words in the
enacting clause. A proviso defeats its operation
conditionally.
Saving Clause
 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 that would
otherwise be lost.
 Usually used to except or save something from the
effect of a repeal of a statute.
 Where existing procedure is altered or substituted
by another, it is usual to save those proceedings
pending under the old law at the time the new law
takes effect by means of a saving clause.