Parayno vs.

Jovellanos
G.R. No. 148408
July 14, 2006

Facts: Petitioner was the owner of a gasoline filling station in Calasiao, Pangasinan. In 1989, some residents petitioned
the Sangguniang Bayan for the closure or transfer of the station to another location.
The Sangguniang Bayan recommended to the Mayor the closure or transfer of location of petitioner’s gasoline
station for violation of Art.6 Sec.44 of the Zoning Code of Calasiao.
She filed for a motion for reconsideration which was denied and elevated the case to the RTC by filing a special
civil action for prohibition and mandamus which denied the same on the grounds of ejusdem generis. Petitioner moved
for reconsideration but was denied and elevated the case to the CA which affirmed the decision of the RTC.

Issue: Whether or not ejusdem generis is applicable

Ruling: No. The zoning ordinance made a clear distinction between “gasoline service station” and “gasoline filling
station” and that both are separately defined in Sec.21 and 42 of the same code.
In this case, the maxim applicable was expression unius est exclusion alterius. Because of the distinct and
definite definitions provided for the two, it cannot be implied that gasoline filling station is necessarily included in
gasoline service station.