CHAPTER 5: INTERPRETATION OF WORDS AND PHRASES the statute destroys one of its major purposes or becomes

illogical as a result of a change in its factual basis.

5.01: GENERALLY  In any such case, the statutory definition will be disregarded
 A word/phrase used in a statute may have an ordinary, and the word given a meaning that will avoid any of such
generic, restricted, technical, legal, commercial or trade results or consequences.
meaning.
 They may have been defined in the statute itself, or may 5.04: WORDS CONSTRUED IN THEIR ORDINARY SENSE
have previously received a judicial construction.  GENERAL RULE: In the absence of legislative intent to the
 GENERAL RULE: in interpreting the meaning and scope of contrary, they should be given their plain, ordinary, and
a term used in the law, a careful review of the whole law common usage meaning (without resorting to forced or
involved, as well as the intendment of law, ascertained from subtle construction).
a consideration of the statute as a whole and not of an  Consequently, the grammatical and ordinary reading of a
isolated part or a particular provision alone, must be made statute must be presumed to yield correct sense.
to determine the real intent of the law.
5.04: GENERAL WORDS CONSTRUED GENERALLY
5.02: STATUTORY DEFINITION DEFINED  Generalia verba sunt generaliter intelligenda: what is
 The legislative definition controls the meaning of the generally spoken shall be generally understood or general
statutory word, irrespective of any other meaning the word words shall be understood in a general sense.
or phrase may have in its ordinary or usual sense (where a  Generale dictum generaliter est interpretandum: a
statute defines a word/phrase, they should not, by general statement is understood in a general sense.
construction be given a different meaning).  Where a word used in a statute has both a restricted and
 When the legislature defines a word used in a statute, it general meaning, the general must prevail over the
does not usurp the court’s function to interpret the laws but it restricted unless the nature of the subject matter or the
merely legislates what should form part of the law itself. context in which it is employed clearly indicates that the
 Further, the words and phrases should be construed in the limited sense is intended.
light of the context of the whole statute.
5.07: GENERIC TERM INCLUDES THINGS THAT ARISE
5.03: QUALIFICATION OF RULE THEREAFTER
 The general rule that the statutory definitions control the  It is a rule in statutory construction that legislative
meaning of statutory words does not apply where its enactments in general and comprehensive terms,
application creates obvious incongruities in the language of prospective in operation, apply alike to all persons, subjects

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 and business within their general purview and scope coming 5.09: HOW IDENTICAL TERMS IN SAME STATUTE
into existence subsequent to their passage. CONSTRUED
 PROGRESSIVE INTERPRETATION: A word of general The general rule is that a word or phrase repeatedly used in a
signification employed in a statute should be construed, in statute will bear the same meaning throughout the statute.
the absence of legislative intent to the contrary, to  REASON: A word used in a statute in a given sense
comprehend not only peculiar conditions obtaining at the is presumed to be used in the same sense
time of its enactment but those that may normally arise after throughout the law.
its approval as well.
5.11: MEANING OF WORD QUALIFIED BY PURPOSE OF
 It extends by construction the application of a statute to all
STATUTE
subjects or conditions within its general purpose or scope
 The meaning of a word or phrase used in a statute may be
that come into existence subsequent to its passage and thus
qualified by the purpose which induced the legislature to
keeps legislation from becoming ephemeral and transitory.
enact the statute.
5.08: WORDS WITH COMMERCIAL OR TRADE MEANING  The purpose may indicate whether to give a word/phrase an
ordinary, popular, technical, legal, commercial,
 RULE: Words and phrases which are in common use
restrictive or expansive meaning.
among merchants and traders, acquire trade or commercial
meanings which are generally accepted in the community in  In construing a word/phrase, the court should adopt that
which they have been in common use. interpretation that accords best with the manifest purpose of
the statute or promotes its object. Thus, literal meanings of
 The rule is especially applicable to tariff laws and laws of
words/phrases used may be rejected if the result of adopting
commerce. The rule prevails particularly with respect to laws
such meaning will be to defeat the purpose of the
for the government of the importer. These laws should be
legislature.
construed as universally understood by the importer or
trader.
5.12: WORD OR PHRASE CONSTRUED IN RELATION TO
OTHER PROVISIONS
5.08: WORDS WITH TECHNICAL OR LEGAL MEANING
 GENERAL RULE: a word/phrase/provision should not be
 GENERAL RULE: words that have, or have been used in a
construed in isolation but must be interpreted in relation to
technical sense or those that have been judicially construed
other provisions of the law.
to have a certain meaning should be interpreted according
to the sense in which they have been previously used,
5.13: MEANING OF TERM DICTATED BY CONTEXT
although the sense may vary from the strict or literal
meaning of the words.  While ordinarily a word or term used in a statute will be
given its usual and commonly understood meaning, the

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 context in which the word or term is employed may dictate a  The word and does not mean or. However, and may mean
different sense. or as an exception to the rule.
 The context may give a broad sense to a word otherwise  The exception is resorted only to when a literal interpretation
ordinarily limited meaning or limit the meaning of what would pervert the plain intention of the legislature as
otherwise is a word of broad signification. gleaned from the context of the statute or from external
 Verba accipienda sunt secundum materiam: a word is to factors.
be understood in the context in which it is used.  When two words, one broad and one restrictive, are
separated by and, the restrictive word limits the meaning of
5.14: WHERE THE LAW DOES NOT DISTINGUISH the broad word.
 It is a well-recognized rule that where the law does not  The term and/or means that effect shall be given to both the
distinguish, courts should not distinguish (ubi lex non conjunctive and word and disjunctive or, or that one word or
distinguit, nec nos distinguire debemus). the other may be taken accordingly as one or the other will
 The aforementioned is a corollary of the principles that (1) best effectuate the purpose intended by the legislature as
general words and phrases in a statute should ordinarily be gathered from the whole statute.
accorded their natural and general significance; (2) where o REASON: the term is used to avoid a construction
the law does not make an exception, courts may not except which by the use of or will exclude only the
something therefrom, unless there is compelling reason combination of several of the alternatives or by the
apparent in the law to justify it. use of and will exclude the efficacy of any one of the
 The courts may distinguish where there are facts or alternatives standing alone.
circumstances showing that the legislature intended a
distinction or qualification, for in such case, the court merely 5.17: NOSCITUR A SOCIIS
give effect to the legislative intent.  This maxim states that where a particular word/phrase is
ambiguous in itself or is equally susceptible of various
5.16: DISJUNCTIVE AND CONJUNCTIVE WORDS meanings, its correct construction may be made clear and
 The word or is a disjunctive term signifying disassociation specific by considering the company of words in which it is
and independence of one thing from each of the other found or with which it is associated (generic words
things enumerated. construed in their generic sense and technical terms
 The use of the disjunctive word or between two phrases construed in their technical signification).
connotes that either phrase serves as qualifying phrase.  And where the law does not define a word used therein, it
 The word and is a conjunction pertinently defined as will be construed as having a meaning similar to that of
meaning together with, joined with, along with, added or words associated with or accompanied with.
linked to.

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5.19: EJUSDEM GENERIS (the same kind or specie)  The enumeration of the particular and specific
 Premised in the rule that while general words or expressions words is not exhaustive or is not merely by
in a statute are, as a rule, accorded their full, natural and examples;
generic sense, they will not be given such meaning if they  There is no indication of legislative intent to
are used in association with specific words or phrases. give the general words or phrases a broader
 Where a statute describes things of particular class or kind meaning.
accompanied by words of a generic character, the generic  If words do not fall under the principle of ejusdem generis,
words will usually be limited to things of a kindred nature they should be construed in their generic sense.
with those particularly enumerated, unless there be  It does not also apply where the enumeration of the
something in the context of the statute to repel such particular and the specific words is exhaustive.
inference.  Ejusdem generis does not require the rejection of general
 PURPOSE OF EJUSDEM GENERIS: to give effect to both terms entirely. The rule is intended merely as an aid in
the particular and general words by treating the particular ascertaining the intention of the legislature and is taken in
words as indicating the class and the general words as connection with the other rules of construction.
indicating all that is embraced in said class, although not  The rule of ejusdem generis is resorted for the purpose of
specifically named by the particular words. determining what the intent of the legislature is in enacting a
o Justified on the ground that if the lawmaking body law. If that intent clearly appears from other parts of the law,
intended the general terms to be used in their and such intent thus clearly manifested is contrary to the
restricted sense, it would not have made an result which will be reached by applying the rule of ejusdem
enumeration of particular subjects but would have generis, the rule must give way in favor of the legislative
used only general terms. intent.
o Ejusdem generis only applies where there is
uncertainty. 5.22: Expressio unius est exclusio alterius
 LIMITATIONS OF EJUSDEM GENERIS (5.21.)  The express mention of one person, thing or consequence
o To be applicable, the following requisites must implies the exclusion of all others.
concur:  Not applicable where words are used as examples only.
 A statute contains an enumeration of  How the maxim is formulated:
particular and specific words, followed by a o Expressum facit cessare tacitum: what is
general word/phrase; expressed puts an end to which is implied. When a
 The particular and specific words constitute a statute by its terms is expressly limited to certain
class or are of the same kind; matters, it may not, by interpretation or construction,
be extended to other matters.

STATCON READING NOTES - AMFLCORPUZ

 o Exceptio firmat regulam in casibus non exceptis: o Does not apply in case a statute appears upon its
those which do not fall under the exceptions come face to limit the operation its provision to particular
within the scope of the general expression; express persons or things by enumerating them, but no
exception, excludes others. reason exists why other persons or things not so
o That the expression of one or more things of a class enumerated should not have been included and
implies the exclusion of all not expressed, even manifest injustice will follow by not including them.
though all would have been imploded had none been
expressed. 5.23: NEGATIVE-OPPOSITE DOCTRINE
 This rule is under the canons of restrictive interpretation  NEGATIVE-OPPOSITE DOCTRINE (ARGUMENTUM A
which is opposite the doctrine of necessary implication. CONTRARIO): the principle which states that what is
 CANONS OF RESTRICTIVE INTERPRETATION: expressed puts an end to that which is implied.
predicated upon one’s own voluntary act and not upon that
of others. They proceed from the premise that the legislature 5.26: DOCTRINE OF CASUS OMMISUS
would not have made specified enumerations in a statute  States that a person, object or thing omitted from an
had the intention been not to restrict its meaning and confine enumeration must be held to have been omitted
its terms to those expressly mentioned. intentionally.
 APPLICATION OF EXPRESSIO UNIUS RULE  It only applies only if and when the omission has been
o Used in granting powers, creating rights and clearly established and in such a case what is omitted in the
remedies, restricting common rights, and enumeration by construction be included therein.
imposing penalties and forfeitures as well as  The court cannot in any way supply the omission although
those statutes which are strictly construed. the omission may have resulted from inadvertence not
o When a statute directs the performance of a certain foreseen or contemplated.
act by a particular person or class or persons, it  Does not apply where it is shown that the legislature did not
implies that it shall not be done otherwise or by a intend to exclude the person, thing or object from the
different person or class of persons. enumeration.
 LIMITATIONS OF RULE  If such legislative intent is clearly indicated, the court may
o It must be ignored where other circumstances supply the omission if to do so will carry out the clear intent
indicate that the enumeration was not intended to be of the legislature and will not do violence to its language.
exclusive.
o Does not apply where the enumeration is by way of 5.27: DOCTRINE OF LAST ANTECEDENT (antecedens fiat
example to remove doubts only. relation nisi impediatur sententia)

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  Generally, qualifying words restrict or modify only the words 5.31: PROVISOS GENERALLY
or phrases to which they are immediately associated. In the  Generally, the office of a proviso is either to limit the
absence of legislative intent to the contrary, preferential and application of the enacting clause, section or provision of a
qualifying words and phrases must be applied only to their statute, or to except something therefrom, or to qualify or
immediate or last antecedent and not to the other remote or restrain its generality, or to exclude some possible ground of
preceding words or association of words, unless it be misinterpretation of it, as extending to cases not intended by
prevented by the context. the legislature to be brought within its purview.
 LIMITATIONS/QUALIFICATIONS:  COMMON/USUAL ROLE: to restrain or qualify the
o The doctrine of last antecedent is subject to the generality of the enacting clause or section to which it refers.
exception that where the intention of the law is to  PRIMARY PURPOSE: to limit or restrict the general
apply the phrase to all antecedents embraced in the language or operation of the statute and not to enlarge it.
provision, the same should be made extensive to the  A proviso is commonly found at the end of a section, or a
whole. provision of a statute, introduced by the word provided or
o The principle of last antecedent is merely an aid to phrase but nothing herein.
the construction of statutes and will not be adhered  What determines whether a clause is a proviso is its
to where extension to a more remote antecedent is substance rather than form. Hence, it is always a question of
clearly required by a consideration of the entire act. legislative intent.
o Slight indication of legislative intent so to extend the
relative term is sufficient. 5.32: PROVISO MAY ENLARGE SCOPE OF LAW
o It does not apply where the intention is not to qualify  A proviso may enlarge, instead of restrict or limit, what
the antecedent at all. otherwise is a phrase of limited import had there been no
proviso qualifying it.
5.30: REDDENDO SINGULA SINGULIS
 A variation of the doctrine of last antecedent which means 5.33: PROVISO AS ADDITIONAL LEGISLATION
referring each to each; referring to each phrase or  A proviso may also assume the role of an additional
expression to its appropriate object or let each be put in its legislation. A clear and unqualified purpose expressed in the
proper place. opening statement of a section of a statute comprising
 Requires that the antecedents and consequences should be several subdivisions has been constructed as controlling
read distributively to the effect that each word is to be and limiting a proviso attached to one of the subdivisions,
applied to the subject to which it appears by context most where the proviso, if segregated therefrom, would mean
appropriately related and to which it is most applicable. exactly the reverse of what it necessarily implied when read
in connection with the limitation.

STATCON READING NOTES - AMFLCORPUZ

  The latter provision, whether a proviso or not, is given
5.33 WHAT PROVISO QUALIFIES preference because it is the latest expression of the intent of
 The general rule is that the office of the proviso qualifies or the legislation.
modifies only the phrase immediately preceding it or
restrains or limits the generality of the clause that it 5.37: EXCEPTIONS
immediately follows. It is not construed to the statute itself or  The exceptions in a proviso are expressly stated in the
to other sections thereof. words: unless otherwise and shall not apply.
 Similarly, where an earlier section of a stature contains a  Without the words aforementioned, the exception will
proviso, which is not embodied in a later section, thereof, construed as such if it removes something from the
the proviso should, in the absence of the legislative intent to operation of a provision of law.
the contrary, be confined to qualify only the section to which  REASON FOR EXCEPTION: It confirms the general rule. It
it has been appended, for had the intent been to apply it to should not be construed to qualify the words or phrases
both sections, or words would have been inserted therein to constituting the general rule.
make the intent clear.  Exceptio firmat regulam in casibus non exceptis: a thing
 It should not be confined to that which directly precedes it, not being excepted, it must be regarded as coming within
or to the section to which it has been appended, unless it the purview of the general rule.
clearly appears that the legislature intended it to have a  Exceptions as a general rule, should be strictly but
wide scope. reasonably construed; they extend only so far as their
 EXCEPTION: The rule that the proviso should be construed language fairly warrants and all doubts should be resolved
to qualify only the immediately preceding part of the section in favor of the general provisions rather than the exception.
to which it is attached is true only if no contrary legislative
intent is indicated. 5.38: EXCEPTION AND PROVISO DISTINGUISHED
EXCEPTION PROVISO
5.36: REPUGNANCY BETWEEN PROVISO AND MAIN Exempt something differently To except something from an
PROVISION from the operation of a statute enacting clause.
 A proviso should be construed as to harmonize and not to by express words in the
repeal or destroy the main provision of the statute. Where enacting clause.
there is however, an irreconcilable conflict or repugnancy Takes out of the statute
between a proviso and the main provision of a statute, that something that otherwise would
which is located in a later portion of the statute prevails, be a part of the subject matter
of it.
unless there is a legislative intent to the contrary or such
Part of the enactment itself,
construction will destroy the whole statute itself.
absolutely excluding from its

STATCON READING NOTES - AMFLCORPUZ

 operation some subject or thing
that otherwise would fall within
its scope.

5.40: SAVING CLAUSE

 A clause in the provision of law which operates to except
from the effect of the law what the clause provides or to
save something which 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
saving clause.
 It should be given a liberal or strict construction depending
upon the kind of interpretation that should, considering its
nature be given to the statute as a whole.

STATCON READING NOTES - AMFLCORPUZ

 extent of the general expression used in another part of the
same act.

6.03: PURPOSE OR CONTEXT AS CONTROLLING GUIDE

 The particular meaning to be attached to any word or phrase
is usually to be ascertained from the context.
 Statutes must receive a reasonable construction, reference
being had to their controlling purpose, to all their provisions,
force and effect being given not narrowly to isolated and
disjoined clauses, but to their spirit, broadly taking all their
CHAPTER 6: STATUTE CONSTRUED AS A WHOLE AND IN provisions together in one rational view.
RELATION TO OTHER STATUTES 6.04: GIVING EFFECT TO THE STATUTE AS A WHOLE
 A provision or section which is unclear by itself may be
6.01: GENERALLY made clear by reading and construing it in relation to the
 A statute is passed as a whole and not in parts or sections whole statute.
and is animated by one general purpose and intent. It  Every part of a statute should be given effect because a
should be construed together. Each part or section should statute is enacted as an integrated measure and not as
be construed in connection with evert other part to produce a hodgepodge of conflicting provisions.
a harmonious whole.  Ut res magis valeat quam pereat: the construction is to
 Every part of the statute must be interpreted with reference be sought which gives effect to the whole of statute.
to the context. o Hence, where a statute is susceptible of more
than one interpretation, the court should adopt
6.02: INTENT ASCERTAINED FROM STATUTE AS WHOLE such reasonable and beneficial construction as
 Optima statute interpretatrix est ipsum statutum: the will render the provision operative and effective
best interpreter of a statute is the statute itself. and harmonious with each other.
 Every part of the statute must be considered together with
the other parts and kept subservient to the general intent of 6.05: APPARENTLY CONFLICTING PROVISIONS RECONCILED
the whole enactment, not separately and independently.  The rule that a statute must be construed and given effect
 Thus, an apparent general provision may have a limited as a whole requires that apparently conflicting provisions
application if viewed together with other provisions and the should be reconciled and harmonized, if at all possible.
details of one part may contain regulations restricting the o REASON: for taken in solitude, a word/phrase might
easily convey a meaning quite different from the one

STATCON READING NOTES - AMFLCORPUZ

 actually intended and evident when a word/phrase is  QUALIFICATION OF RULE (6.09)
considered with those with which is associated. o If one part of a statute cannot be reconciled or
harmonized with another part without nullifying
6.06: SPECIAL AND GENERAL PROVISIONS IN SAME one in favor of the other, the court should, in
STATUTE construing the statute, choose one which will
 Where there is a particular or special provision and a best effectuate the legislative intent.
general provision in the same statute and the latter in its o If there be no such ground for choice between
most comprehensive sense would overrule the former, the inharmonious provisions or sections, the latter
particular/special provision must be operative and the provision or section, being the last expression of
general provision must be taken to affect only the other the legislative will, must, in construction, vacate
parts of the statute to which it may properly apply. the former to the extent of repugnancy.
 The particular/special provision should be construed as an  The last in order of position is frequently held to prevail,
exception to the general provision. unless it clearly appears that the intent of the legislature
is otherwise.
6.07: CONSTRUCTION AS NOT TO RENDER PROVISIONS  Where there is apparent conflict between two laws or
NUGATORY provisions of a law which refer to the same subject
 The whole statute should be given effect and should be matter and they cannot be harmonized together, the
so construed as not to nullify or render nugatory the circumstances of their passage, among other aids of
other provisions of the same statute. construction, should be inquired into to determine which
 Interpretatio fienda es tut res magis valeat quam should prevail.
pereat: a law should be interpreted with a view to
upholding rather than destroying it. Hence, one portion 6.10: CONSTRUCTION AS TO GIVE LIFE TO LAW
of a statute should not be construed to destroy the other.  Laws must receive sensible interpretation to promote the
The most general and absolute terms of one section ends for which they are enacted.
may be qualified and limited by conditions and  The general principle is for the court to reasonably interpret
exceptions contained in another so that all may stand a statute or provision so as to avoid incidences where a
together. statute or provision being construed is defeated or as
 REASON (6.08): It is based on the presumption that the otherwise, expressed, nullified, destroyed, emasculated,
legislature has enacted a statute whose provisions are in repealed, explained away or rendered insignificant,
harmony and consistent with each other and that meaningless, inoperative or nugatory.
conflicting intentions in the same statute are never
supposed or regarded. 6.11: CONSTRUCTION TO AVOID SURPLASAGE

STATCON READING NOTES - AMFLCORPUZ

  It is well-settled that whenever possible, a legal provision 6.15: STATUTES IN pari materia
must not be so construed as to be a useless surplusage,  Statutes are in pari materia when they relate to the same
and accordingly meaningless in the sense of adding nothing person or thing, or have the same purpose or object, or
to the law or having no effect whatsoever therein. cover the same specific or particular subject matter. The
 A word should not also be construed as to render other latter statute may specifically refer to the prior statute.
words or phrases associated with it serves no purpose.  Statutes are not in pari materia if they refer to different
 The legislature, in enacting a statute, is supposed not to specific matters although they both fall under the same
insert a provision which is unnecessary and a surplusage. broad subject.

6.13: STATUTE AND ITS AMENDMENTS CONSTRUED 6.16: HOW STATUTES IN PARI MATERIA CONSTRUED
TOGETHER  Interpretare et concordare legis legibus est optimus
 The rule that all parts of a statute are to be harmonized and interpretandi modus: every statute must be so construed
reconciled applies to the construction of a statute and its and harmonized with other statutes as to form a uniform
amendments. system of jurisprudence (to create a complete, coherent
 Changes made by the legislature in the form of amendments and intelligible system).
to a statute should be given effect and ascertained, together  Statutes in pari materia should be construed together to
with other parts of the amendment act. attain the purpose of an express national policy.
 The assumption is that when the legislature enacts a law, it
6.14: STATUTE CONSTRUED IN HARMONY WITH THE has in mind the previous relating to the same subject matter,
CONSTITUTION and in the absence of any express repeal or amendment,
the new statute is deemed enacted in accord with the
 As the Constitution is the fundamental law to which all laws legislative policy embedded in those prior statutes.
are subservient, a statute should not be interpreted  The best method of interpretation is that which makes laws
independently of the Constitution, and should be construed consistent with other laws. The endeavor should be made
in harmony with, and not in violation of the fundamental law. by tracing the history of the legislation. (destingue tempora
 Statutes should not be construed in such a way as will give et concordabis jura, distinguish times and you will
rise to a constitutional doubt nor should be interpreted in a harmonize laws).
manner that will render its application violative of  A statute will not, however, be construed as repealing prior
constitutional inhibition. act or acts on the same subject in the absence of words to
 TEST OF CONSTITUTIONALITY: done to save the statute that effect unless:
from a declaration of unconstitutionality. o There is repugnancy between the statutes

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 o The new law is evidently intended to supersede all taken as intended to constitute an exception to the general
prior acts on the matter act.
 In case of doubt, the doubt will be resolved against implied  The circumstance that the special law is passed before or
amendment or repeal and in favor of harmonization of all the after the general act does not change the principle.
laws on the subject. o Where the special law is later, it will be regarded as
 Assuming that there is implied amendment, the latter statute an exception to, or a qualification of the prior general
should be so construed as to modify the prior law. act.
o Where the general act is later, the statute will be
6.17: REASONS WHY LAWS ON SAME SUBJECT ARE construed as remaining an exception to its terms
RECONCILED unless repealed expressly or by necessary
 The legislature is presumed to have been aware of, and implication.
have taken into account, prior laws on the subject of  REASON (6.21): The reason for the rule that a special law
legislation. is considered an exception to the general law on the same
 Later statutes are supplementary and complimentary to the subject is that the legislature in passing a law of special
earlier enactments. character has its attention directed to the special facts and
 When harmonization is impossible, the earlier one must circumstances which the special act is intended to meet.
yield to the later one, it being the later expression of
legislative will. 6.22: QUALIFICATIONS OF THE RULE
 The general rule in which the general law should yield to
6.20: GENERAL AND SPECIAL STATUTES special law is not absolute
 GENERAL STATUTE: a statute which applies to all of the  EXCEPTIONS:
people of the state or to all of a particular class of persons in 1. Where the legislature clearly intended the later general
the state with equal force. enactment to cover the whole subject and to repeal all
o Embraces a class of subjects or places and does not prior laws inconsistent therewith, the general law
omit any subject or place naturally belonging to such prevails over a special law on the subject. In such case,
class. there is a repeal of the special law.
 SPECIAL STATUTE: one which relates to particular 2. Where the special law merely establishes a general rule
persons or things of a class or to a particular portion or while the general law creates a specific and special rule,
section of the state only. in which case the general law prevails over the special
 Where a general and special statute are in pari materia, the law.
special must prevail since it evinces the legislative intent 3. The rule does not apply where the situation is reversed,
more clearly than that of a general statute and must be that is, the general law treats the subject in particular

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 and the special law refers to it in general. In this o It can also be made by reference.
situation, the general law prevails over the special law in  Where a statute provides that all laws not inconsistent with
the event of repugnancy or conflict between the two the provisions thereof are deemed incorporated and made
laws. integral parts thereof by reference, such previous laws on
the same subject matter are deemed reenacted.
6.23: REFERENCE STATUTES  The reenactment is a legislative expression of intention to
 Reference statute is a statute which refers to other statutes adopt the construction as well as the language of the prior
and makes them applicable to the subject of legislation. act.
o They are frequently used to avoid encumbering the  In the interpretation of the reenacted statute, the courts will
statute books of unnecessary repetition, and they follow the construction which the adopted statute previously
have been recognized as an approved method of received.
legislation, in the absence of constitutional
restrictions. 6.26: ADOPTION OF CONTEMPORANEOUS CONSTRUCTION
o The adoption by reference of a statute that was  The reenactment of a statute which has received a practical
previously repealed revives the statute. The adoption or contemporaneous construction by those charged with the
takes the adopted statute as it exists at the time of duty of executing it is a persuasive indication of the adoption
adoption and does not include subsequent changes by the legislature of the prior practical or executive
or modification of the statute so taken, unless it does construction.
so expressly.  In construing the reenacted statute, the court should take
o A construction that will render meaningless an into account such prior contemporaneous construction and
adopted statute by reference is not favored. give due weight and respect to it, as the joint construction
placed upon the statute by the legislature that enacted it and
6.24: SUPPLEMENTAL STATUTES the executive that implements it.
 One intended to supply deficiencies in an existing statute  QUALIFICATION OF THE RULE (6.27)
and to add, to complete or extend the statute without o The rule on applying contemporaneous construction
changing or modifying its original text. in the reenactment of statutes applies only when the
 The original act and supplemental act should be read and statute is capable of construction given to it and
construed together to make an intelligible whole. when the construction has become a settled rule of
conduct.
6.25: REENACTED STATUTES
 One which the provisions of an earlier statute are 6.28: ADOPTED STATUTES
reproduced in the same or substantially the same words.

STATCON READING NOTES - AMFLCORPUZ

  A statute patterned after, or copied from a statute of a
foreign country.
 It is proper for the court to take into consideration the
construction of the law by the courts of the country from
which it is taken, as well as the law itself and the practices
under it.
 The rule, however, does not apply to the construction given
the statute subsequent to its adoption, although it has
persuasive effect on the interpretation of the adopted
statute.

STATCON READING NOTES - AMFLCORPUZ