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execution.
May and Shall
May
-permissive
-confers discretion
-connotes possibility, not certainty
Shall
-imperative
-mandatory
-imposes a duty, which may be
enforced
Exclusively
-solely
Simultaneously
-concurrence of events and elements
Each
-refers to a unit
Particularly
-specifically
Tenure
-security of an office or employment
Reddendo Singula Singulis Variation of the doctrine of last antecedent; Referring each to
each; Referring each phrase or expression to its appropriate object, or let each be put in its
proper place, that is, the word should be taken distributively; requires that antecedents and
consequences should be read distributively to the effect that 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.
** IN GENERAL
A word or phrase used in a statute may have an ordinary, generic, restricted,
technical, legal, commercial or trading meaning
- General rule in interpreting the meaning and scope of a term used in the law:
Review of the WHOLE law involved as well as the INTENDMENT of law (not of an isolated
part or a particular provision alone)
** General words construed generally
- In case word in statute has both restricted and general meaning, GENERAL must prevail
unless the nature of the subject matter & context in which it is employed clearly indicates that
the limited sense is intended.
Generalia verba sunt generaliter intelligenda - what is generally spoken shall be generally
understood; general words shall be understood in a general sense.
Generale dictum generaliter est interpretandum - a general statement is understood in a
general sense
.
** Generic term includes things that arise thereafter Progressive interpretation - A
word of general signification employed in a statute, in absence of legislative intent, to
comprehend not only peculiar conditions obtaining at its time of enactment but those that may
normally arise after its approval as well
. Rationale: to keep statute from becoming ephemeral (short-lived) and transitory (not
permanent or lasting). General rule in StatCon: Legislative enactments in general
comprehensive operation, apply to persons, subjects and businesses within their general
purview and scope coming into existence subsequent to their passage.
** Words with commercial or trade meaning Words or phrases common among
merchants and traders, acquire commercial meanings; When any of words used in statute,
should be given such trade or commercial meaning as has been generally understood among
merchants.
Used in the following: tariff laws, laws of commerce, laws for the government of the
importer.
The law to be applicable to his class, should be construed as universally understood by
importer or trader.
** Words with technical or legal meaning
- General rule: words that have, or have been used in, a technical sense or those that have
been judicially construed to have a certain meaning should be interpreted according to the
sense in which they have been PREVIOUSLY used, although the sense may vary from the
strict or literal meaning of the words
. Presumption: language used in a statute, which has a technical or well-known meaning, is
used in that sense by the legislature.
** How identical terms in the statute construed
- General rule: a word or phrase repeatedly used in a statute will bear the same meaning
throughout the statute unless a different intention is clearly expressed.
Rationale: word used in statute in a given sense presumed to be used in same sense
throughout the law.
Uti Loquitur Vulgus statutes are presumed to use words in their popular sense or ordinary
meaning.
Verba Legis Plain Meaning Rule. If the language of the statute is plain, not ambiguous, and
expresses a single, definite, and sensible meaning, that meaning is conclusively presumed to
be the meaning which the legislature intended to convey. Thus, It must be interpreted literally.
** Words construed in their ordinary sense
- General rule: In the absence of legislative intent, words and phrases should be given their
plain, ordinary, and common usage meaning.
Ratio Legis the reason of law is the soul of the law
Mens Legislatoris reasonable or liberal construction that will best serve the purpose rather
than the defeat of the law.
Dura Lex Sed Lex the law may be harsh but that is the law
Expressio Unius Est Exclusio Alterius the express mention of one person, thing or
consequence implies the exclusion of others; 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; opposite of the doctrine of necessary implication.
** Application of expression unius rule
- Generally used in construction of statutes granting powers, creating rights and remedies,
restricting common rights, imposing rights & forfeitures, as well as statutes strictly construed.
** Limitations of the rule
- First, It is not a rule of law, but merely a tool in statutory construction
; Second, it is no more than auxiliary rule of interpretation to be ignored where other
circumstances indicate that the enumeration was not intended to be exclusive; Does not apply
where enumeration is by way of example or to remove doubts only.
Expressum Facit Cessare Tacitum where a statute , by its terms, is expressly limited
to certain matters, it may not, by interpretation or construction be extended to other
matters.
Exceptio Firmat Regulam In Casibus Non Exceptis a general expression followed by
exceptions therefrom implies that those which do not fall under the exceptions come
.
Verba accipienda sunt secundum materiam - a word is to be understood in the context in
which it is used.
** Exceptions, generally
- Exception consists of that which would otherwise be included in the provision from which it
is excepted; It is a clause which exempts something from the operation of a statute by
express words; except, unless otherwise, and shall not apply
; Function: to confirm the general rule; qualify the words or phrases constituting the general
rule; Exceptio firmat regulam in casibus exceptis - A thing not being excepted, must be
regarded as coming within the purview of the general rule.
Exception
Exempts something absolutely from
the operation of statute
Proviso
Defeats its operation conditionally.
In a way since one of the functions of proviso is to except something from an enacting
clause.
Saving clause
- Provision of law which operates to except from the effect of the law what the clause
provides, or save something which would otherwise be lost; used to save something from
effect of repeal of statute
.
Mandatory and Directory Requisites
Prospective and Retroactive Statutes General Rule: All laws are applied prospectively. It
can only be applied retroactively if favorable to the accused.
Amendment, Revision, Codification and Repeal
Amendment
- Alteration in a n
existing law leaving
some parts of the
original in effect.
Revision
- Substantial
alteration of a law
Ex. Revised Penal
Code.
Codification
- Unification of
alike/similar laws.
Repeal
- Annullment of a
previously existing
law by enacting of
a subsequent
statute that evokes
the forms
expressly or
impliedly because
of irreconcilable
provisions.