Professional Documents
Culture Documents
4 and 5
September 8, 2018
12. Construction in favor of rights and 16. Exemption from Rigid application of
justice. Art. 9 CC. the law
Rigor of the law. Equity- fairness may
Ex. Salvacio v. Central Bank. require a departure from the
established rule.
13. Surplusage or superfluity disregarded.
17. Law does not require the impossible.
Where a word, phrase or clause, is Nemo tenetur ad impossible.
devoid of meaning in relation to the Ex. In order that a court may acquire
content or intent of the statute, or it jurisdiction over a petition for
suggests a meaning that nullifies the naturalization, the petition be
statute, it is surplusage. published in the Official Gazette
weekly, for three times consecutively.
Demafiles v. Comelec: Sec. 2 of RA
4870. OG not published weekly so 1sst reqt
impossible.
“first mayor, vice mayor, and
councilors of the municipality of 18. Number and gender of words.
Sebasete shall be elected in the next A plural word may embrace singular
general elections for local officials and things as a singular word may refer to
shall have qualified.” plural person or things.
12) Disjunctive and conjunctive words- give their 2. Ejusdem generis. Same kind of species.
ordinary meaning. While general words are construed in their
a. Any person who acts in defense of his general, full natural sense, it shall not be
person or right given such meaning when used in assoc
**The ff marriages are incestuous with specific words.
and void from the beginning, Gives effect to both the particular and
whether leg or illeg general words
**Or- either phrase is qualifying a. “And the like”- distribution of
Sometimes also mean ‘and’ electoral propaganda: gadgets,
**That is to say, or- based on the pens, lighters, fans, flashlights,
gross value of money or actual athletc goods, but not taped
market value jingles. Must be same types or
**Successive or- offenses of seduc, class.
abduction, rape or acts of lasciv. b. Dynamos, generators, exciters,
Father, mother, surviving parent or other machines for generation of
guardian, or persons having legal electrivcity for lightning or power-
charge but not stream turbines, pumps,
b. And- joinder; condenser.
** may also restrict meaning c. Vicemayor to replace mayor-
c. And/or- effect shall be given to both absence, suspension, other
disjunctive and conjunctive temporary disability. Absence
includes suspension and other
B. Associated Words disabilities.
d. Hear and decide offenses or
Maxim- a short, consise statement expressing a felonies committed by public
general truth or a rule of conduct officer and employees in relation
to their office- qualifies and
1. Noscitur a sociis. Reference to the other restricts those withour office.
words. Office is a constituent element.
Statcon Ch. 4 and 5
September 8, 2018