Statcon Ch.
4 and 5
IV. Aherence to, or Departure from, Language
of Statute
A. Adherence to Literal Interpretation
1. Verba Legis or plain meaning rule
Index animi sermo
Speech is the index of intention.
Words employed in the statute
correctlt expressed its intent. There
should be no departure from the words
or statute.
2. Dura lex sed lex.
The law may be harsh but it is still the
law.
When the law is clear and unequivocal,
it mus be applied regardless of who
may be affected.
B. Departure from Literal
Interpretation
1. Statute must be capable of
interpretation, otherwise inoperative.
2. What is within the spirit is within the
law.
3. Literal import must yield to intent.
the purpose, object, or intention of the
legislature.
Verba inentioni, non e contra, debent
inservire
Words ought to be more subservient to
the intent and not to the words.
4. Intent of the Statute is the Law.
5. Construction to accomplish purpose.
6. Cessante ratione legis, cessat et ipsa
lex.
When the reason for the law ceases, the
law ceases.
Ratione legis est anima
The reason for the law is its soul.
September 8, 2018
7. Supplying legislative omission.
When the literal import of language of
the statute shows that words have been
omitted that should have beenin the
statue in order to carry our its intent
and spirit, the courts may supplu the
omission to make the statute conform
to the obvious intent of the legislature
or to prevent the act from being absurd.
8. Correcting clerical errors.
Court may correct clerical errors but
only those which are clerical or
obvious mistakes, omissions and
misprints.
9. Construction to avoid absurdity.
Interpretatio talis in ambiguis semper
fienda est ut evietur inconviniens et
absurdum.
Where there is ambiguity such
interpretation as will avoid inconvenience
and absurdity is adopted.
Courts test the law by its results.
Ex. Oliveros v. Villaluz. Will suspension
apply order against a public official
following a filing of info on violation of
antigraft law apply to succeeding term
which he won, and not only to current
office.
No. There is another provision that if he
be acquitted, he’ll be awarded his benefits,
and entitled to reinstatement, if not, he will
not be. So dapat may acquittal or none.
Mere suspension will not bar him from
getting those.
10. Construction to avoid justice
Ea est accipienda interpretation quae
vitio caret.
Interpratation to be adopted must be
free from evil or injustice.
Ex. People v. Purisima; 5-10 years.
Whether carrying the weapon in
furtherance of or in connection of
rebellion , subversion, or others.

11. Construction to avoid danger of
public interest.
Ex. Co Kim Cham v. Valdez all laws
and regulations and processes of the
so-called republic of the Philippienes
durng the Jap occupation are null and
void and without legal effect. To
construe that judicial processes are
included would cause inconvenience
and public hardship: disputes or suits
already adjudicated and those
criminals already prosecuted will
easily escape punishment.
12. Construction in favor of rights and
justice. Art. 9 CC.
Ex. Salvacio v. Central Bank.
13. Surplusage or superfluity disregarded.
Where a word, phrase or clause, is
devoid of meaning in relation to the
content or intent of the statute, or it
suggests a meaning that nullifies the
statute, it is surplusage.
Demafiles v. Comelec: Sec. 2 of RA
4870.
“first mayor, vice mayor, and
councilors of the municipality of
Sebasete shall be elected in the next
general elections for local officials and
shall have qualified.”
Won a pre-proclamation election case
has become moot because the
proclaimed wined had immediately
taken his oath.
Shall have qual- devoid of its meaning.
The office of first municipal officials
doesn’t begin immediately after their
proclamation.
Gen rule: term of municipal officials
shall begin on the first day of January
following their election.
14. Redundant words may be rejected.
Statcon Ch. 4 and 5
September 8, 2018
15. Obscure or missing word or false
description may not preclude
construction.
Courts cannot be always be bound by
the phraseology and the words. They
may disregard words or loose words in
order to arrive at the real meaning.
Falsa demonstration non nocet, cum de
corpore constat
False description does not preclude
construction not vitiate the meaning of the
statute which is otherwise clear.
16. Exemption from Rigid application of
the law
Rigor of the law. Equity- fairness may
require a departure from the
established rule.
17. Law does not require the impossible.
Nemo tenetur ad impossible.
Ex. In order that a court may acquire
jurisdiction over a petition for
naturalization, the petition be
published in the Official Gazette
weekly, for three times consecutively.
OG not published weekly so 1sst reqt
impossible.
18. Number and gender of words.
A plural word may embrace singular
things as a singular word may refer to
plural person or things.
Ex. The common children, children
of the guilty spouse, or the children-
includes those with one child.
Any person- not limited to any
person but is applicable to 2 or more
persons.
Masculine includes all genders.
B. Implications
- conclusion that can be drawn from something
although not entirely expressed.

1. Doctrine of necessary implication.
No statute can be enacated that can provide all the
details involved in its application. So, there will be
gaps in the law that will develop.
This doctrine fills in thet gap.
Chua v. CSC:
Won a co-terminous employee, whose appointment
coexisted with the duration of a government
project, who has been employed as such for more
than 2 years, is entitled to early retirement benefits
under Sec. 2 of RA 6683.
“benefits authorized under this act shall apply to all
regular, temporary, casual and emergency
employees, regardless of age, who have rendered at
leasr a total of 2 consecutive yrs of government
service as of the date of separation.
Co-terminous employees are no diff from regular
or casual. And by doctrine of necessary implic, it
applies.
2. Remedy implied from a right.
Where there is a right there is a remedy for
violation thereof.
Ubi jus, ibi remedium.
the fact that a statute is silent as to the remedy
does not preclude a person from vindicating his
right, for such remedy is implied from such right,
3. Grant of jurisdiction.
Settled is the rule that jurisdiction to hear and
decide cases is conferred only by the Constitution
or by statute. It cannot be conferred by Rules of
Court.
Ex. The power conferred upon the Comelec to
exercise appellate jurisdiction over election cases
does not imply the grant of authority upon said
Comission to issue writs of certiorari, prohibition,
or mandamus.
4. Grant of power includes incidental power.
Statcon Ch. 4 and 5
September 8, 2018
Powers necessarily included to make it
effective. Power to create office includes
power to abolish it.
Power to approve license- revoke it.grant
money by lgus to appropriate money for
gen welfare, withdraw money if unused.
5. Grant of power excludes greater power.
No granting of power not conferred.
President- powe of supervision, but not
power to suspend or abolish local elective
officials nor direct them, how to perform
their duties.
6. What is implied should not be against the
law.
Incidental powers must not be against the
law.power to appoint and power to remove
but must be in accordance to the law for
rfermoving public officials with just and
reasonable grounds.
7. Authority to charge against public funds
may not be implied
Without propwer appropripation.
Employers to pay 13th mnth compensation to
their employees receiving less than 1000 a
mont, no tabout soverign of government.
8. Illegality of act implied from prohibition.
Ex dolo malo nu oritur action
No man can be allowed to found a claim
upon his own wrong doing or inequity.
Acts done in violation of a statute is by
implication null and void.
The law will not aid the illegal party to an
illegal agreement.
Except in pare delict, courts will recognize
interfere or grant relief even though the
result may be that a benefit will be derived
by plaintiff who is in equal guilt with
defendant. By ereasons that enforcement
or application will violate an avowed
fundamental policy.
Ex. When transaction is not illegal per se
bu merely prohibited and the prohibition
by law is designed for the protection of one
party. The court may grant relief in favor
of the latter.

9. What cannot be done directly cannot be
done indirectly.
Quando aliquid prohibiteur ex directo,
prohibiteur e per obliquum.
Ex. Where a corporation prohibits an act,
the prohibition extends to its directors and
the board as a whole.
Tawang multipurpose
What the law prohibits cannot, in some other
way, be legally accomplished.
LTWD ang exclusive and wont allow TMC to
set up their own facility. Pursuant to pd 198, sec.
47.
10. There should be no penalty for
compliance with law.
a person who complies with what a statute
requires cannot by implication be penalized
thereby.
V. Interpretation of Words and Phrases
1) Statutory Definition- words given definition by
the statute itself; controlling in as so far as the
statute is concerned
a. Child in Conflict with the Law
b. Immigrant: ordinary def, denotes an
alien resdign perm in the PH from other country
but the law defined it as any one from any place
outside the PH destined for the PH to perm reside
or temporarily stay
2) Words in Ordinary sense- in absence of
definitions ordinary sense should apply
a. in a statute which exempts certain
products from tax on foreign exchange, which are
actually used in the manufacture or preparation of
local products, forming part thereof, that are
actually exported: the ordinary article is needed to
accomplish the product
b. lumber- as processed logs, included in
timber; Revised Forestry Code- dictionary used
3) Generale dictum generaliter est
interpretandum
Statcon Ch. 4 and 5
September 8, 2018
A general word is construed generally
A word of general significance in a statute is to be
taken in its ordinary and comprehensive meaning,
unless it is shown that the word is intended to be
given a different or restrictive meaning. : General
meaning must prevail
a) Person- “private juridical person” in
Crim- “persons in law” natural and
juridical
b) Government- implied generic: incl.
goccs; national government- central
govt,
4) Progressive interpretation- application of
meaning to other words that may come in purview
and scope coming to its existence subsequent to the
laws passage.
5) Words in commercial or trade: among
merchants; tariff laws and laws of commerce:
dispose of- parting away or delivery, but also
sell in merchants
6) Technical or legal meaning- not ordinary
meaning: action, proper action- ordinary suit in
a court of justice by which a party institutes for
enforcement or protection of his or her right;
acquitted and dismissal- acquit not guilty based
on the merit,dismissed insufficiency of
evidence
7) Identical terms, based on physical nearness of
the statutes
8) Meaning qualified by purpose of statute
9) In relation to other provisions- construed in
isolation but construed in relation
a. Agricultutal products in a tax statute-
exempt products from payment of
taxes; purpose- to encourage dev tog
resources of country; ruling- includes
not only the tillage of the soil, but even
bangus, deomesticated animals,
products from animals
10) Verba accipienda sunt secundum materiam
A word is to be understood in the context in
which it is used:

a. Anti subversion act- overthrow limits
in its violent, force sense not peaceful;
subversive- influencing, dominating,
revolutionize
11) Ubi lex non distinguit, nec nos distinguere
debemus
Where the law does not distinguish, courts
should not distinguish.
Just administer the law; it assumes that the
legislature made no qualification in the use of
general words or expression.
a. Law grants employee loa with pay,
with pay- full not half payand to all
those who are on loa not only those on
sick or vl
b. In All pre-proclamation controversies,
comelec is the sole judge- includes
disputes involving national, provincial,
all levels
12) Disjunctive and conjunctive words- give their
ordinary meaning.
a. Any person who acts in defense of his
person or right
**The ff marriages are incestuous
and void from the beginning,
whether leg or illeg
**Or- either phrase is qualifying
Sometimes also mean ‘and’
**That is to say, or- based on the
gross value of money or actual
market value
**Successive or- offenses of seduc,
abduction, rape or acts of lasciv.
Father, mother, surviving parent or
guardian, or persons having legal
charge
b. And- joinder;
** may also restrict meaning
c. And/or- effect shall be given to both
disjunctive and conjunctive
B. Associated Words
Maxim- a short, consise statement expressing a
general truth or a rule of conduct
1. Noscitur a sociis. Reference to the other
words.
Statcon Ch. 4 and 5
September 8, 2018
When a word or phrase is ambiguous in
itself, its correct interpretation may be
made clear and specific by considering the
company of words in which it is found or
with which it is associated.
a. Suspension in the constitution for
ombudsman: “direct the officer
conserned to take appropriate
action against a pub official or
employee at fault, and recommend
his removal, suspentsion,
demotion, fine…” suspension
here is punitive, not merely
preventive, because of the nearby
words.
b. LGC- to prevent or suppress
gambling and other prohibited
game of chance;just illegal
gambling not those gambling also
permitted by other statutes.
2. Ejusdem generis. Same kind of species.
While general words are construed in their
general, full natural sense, it shall not be
given such meaning when used in assoc
with specific words.
Gives effect to both the particular and
general words
a. “And the like”- distribution of
electoral propaganda: gadgets,
pens, lighters, fans, flashlights,
athletc goods, but not taped
jingles. Must be same types or
class.
b. Dynamos, generators, exciters,
other machines for generation of
electrivcity for lightning or power-
but not stream turbines, pumps,
condenser.
c. Vicemayor to replace mayor-
absence, suspension, other
temporary disability. Absence
includes suspension and other
disabilities.
d. Hear and decide offenses or
felonies committed by public
officer and employees in relation
to their office- qualifies and
restricts those withour office.
Office is a constituent element.

3. Requisites of Ejusdem generis:
a. Statute contains enumeration of
particular and specific words
b. Enumeration constitute a class or
are of the same kind
c. Enumeration is not exhaustive, not
merely giving examples
d. Legislature did not give general
words or phrases a broader
meaning
i. “Stabiliezer and flavors”,
preceded by number of
articles about food
products and other items
that do not belong to a
particular classification
thus it shall also apply to
other items such as tooth
paste
ii. Action or suit or other
proceeding- all
proceedings of judicial
character, if we apply
ejusdem generis, it will
render all other proceeding
a surplusage.
4. Expressio unius est exclusion alterius
Express mention of one person, or thing or
consequence implies the exhaustion of all
others.
The legislature would not make a list of
exceptions had the intention not been to
restrict its terms to those expressly
mentioned
a. Expressum facit cessare tacitum. /
argumentum contrario What is
expressed puts an end to what is
implied.
b. Exceptio firmat regulam in
casibus non exceptis
a thing not being excepted must be
regarded as coming within the
purview of the general rule
c. Expression of one or more things
of a class implies the exclusion of
all not expressed.
Statcon Ch. 4 and 5
September 8, 2018
Limitations: Not applicable – where words
used ars mere examples
Doctrine of Necessary Implication-
Ex necessitate legis gaps in the law; what is
implied in the statute is as much a part thereof as
that which is expressed
5. Negative opposite doctrine- argumentum a
contrario. What is expressed puts an end
to what is implied.
Usually used in the ff:
 Granting powers
 Creating rights and remedies
 Restricting common rights
 Imposing penalties and forfeitures,
as well as those statutes which are
strictly construed
Where a particular act is directed to be done
by a particular group of persons, it implies that it
shall not be done otherwise. Excludes others from
bringing such actions, ex. Quo warranto.
Limitations: cannot be used to defeat legislative
intent; there are circumstances when the listings
are not exclusive, esp if the exclusion would be
productive of undesirable consequences not
intended by the framers.
a. Adminesrting opium to a patient
whose physical condition did not
require such drug. Not included in
the five enumeration of
unprofessional conduct.
6. Doctrine of cassus omissus.
Cassus omissus pro omisso habendus est
a person, thing or object omitted from an
enumeration must be held to have been
omitted intentinally.
Premise: reasonable certainty that a
particular person, object or thing has been
omitted from a legislative enumeration.
Ex. SM Prime v. CIR
7. Doctrine of last antecedent.
Ad proximum antecedens fiat relation nisi
impediatur sententia
Qualifying words restrict or modify only
those words or phrases which they are

closely or immediately associated and not
those which are distantly or remotely
located.
Must apply only to immediate or last or
nearest antecedent.
Exemplified by use of comma.
Limitations: it may also apply to whole
Ex. Facilities, improvements,
infrastractures, and other forms of devt,
which are offered and indicated in the
subdivision or condominium refers to the
whole from facilities. Mapa v. Arroyo
8. Reddendo singular singulis.
Referring each to each
Variation of doctrine of last antecedent.
Apply the last antecedent to which it is
mostly related. May be applied distributively.
a. an appeal must be taken within 15 days
from promulgation or notice of the
jdugement or order appealed from. –
must be counted from date of
promulgation not from the receipt of
copy of judgment.
“promulgation- judgment; notice-order”
b. corporations, partnerships and
association. Shareholder, partners, and
members.
C. Provisos, exceptions and saving
clauses.
1. Proviso.
Introduced by word Provided.
Also by but nothing herein.
 Limit or restrict, its primary
purpose, the application of
the enacting clause, section
or provision of the statute
 Not all provided introduce
a proviso, but what
determines its it substance
rather than form
May also enlarge scope of law
Statcon Ch. 4 and 5
September 8, 2018
Ex. It shall be unlawful for any
person to carry concealed about his
person any bowie, knife, dagger,
kris, or other deadly weapon.
Provided, that his provision shall
not apply to firearms in the
possession of persons who have
secured a license therefor or who
are entitletled to same under the
provisions of this act.
Thus, carrying an unlicesence
revolver will be a violation of the
act.
As additional legislation
Qualifies the immediately
preceding clause, section to which
it has been appended.
Limitations- only apply to not
defeat legislative intent.
Must harmonize with the main
provisions.
When there is conflict between
provisio and main proviso, that
which is in the latter part shall be
given weight. For being the latest
expression of legislatures intent.*
2. Exceptions.
Clause which exempts something
from the operation of the statute by
express words.
Except, unless otherwise, unless,
shall not apply, however.
Also the substance. Exception is
not to color or destroy general rule
but to confirm the general rule.
There’s a need for express
exception. For what it not expressly
mentioned in the exception are
deemed included in the general rule.
And what is expressly mentioned in
 Statcon Ch. 4 and 5
September 8, 2018

the exceptions, exclude other electricity is liable to pay an

exceptions.
All doubts must be resolved in
favor of the general rule.
3. Exceptions v. Proviso
Exceptions exempts something
absolutely from the operation of a
stature that otherwise would be
part of the subject matter of it.
Proviso avoid them by way of
defeasance or excuse.
Exception is part of the enactment
itself, express excluding things that
would otherwise be part of the
eneactment itself.
But by way of proviso, enactment is
modified by engrafting upon it a
new provision by way of
amendment, providing
conditionally for a new case.
additional compensation of 25% in
favor of those employees working
during holidays and Sundays.
No. exception applies to them.
6. Saving Clause.
A clause in the provision of the
law which operates to except from
the effect of the law what the clause
provides.
To except or save something from
the effect of a repeal of a statute.
Should be given a liberal or strict
interpretation depending upon the
kind of interpretation that should
be given to the statute as whole.

Same: proviso may also function to

except something from an enacting
clause. So isn’t it also an exception?

Ex. Manila electric co. v. Public

Utilities Employees Assoc.

“ No person, firm or corporation,

business establishment or place or
center of labor shall compel an
employee or laborer to work
during Sundays and legal holidays,
unless he is paid an additional sum
of at least 25% of his regular
remuneration: Provided, however,
that this prohibition shall not
apply to public utilities performing
some public service such as
supplying gas, electricity, power,
water, or providing means of
transportation or communication.”

Won Manila Electric Co, which is a

public utility co. supplying