5.11-5.20Meaning of word qualified by purpose of statute

- The meaning of a words or phrase used in a statute may be qualified by the purpose whichinduced the legislature to enact the statute.

- In construing a word or phrase, the court should adopt that interpretation that accords bestwith the manifest purpose of the statute or promotes or realizes its object.

- It is generally recognized that if a statute is ambiguous and capable of more than oneconstruction, the literal meaning of the word or phrase used therein may be rejected if theresult of adopting such meaning will be to defeat the purpose which the legislature had inmind.

Word or phrase construed in relation to other provisions

- The general rule is that a word, phrase or provision should not be construed in isolation butmust be interpreted in relation to other provisions of the law. This rule is a variation of the rulethat a statute should be construed as a whole, and each of its provisions must be given effect.

- A word or provision should not be construed in isolation from, but should be interpreted inrelation to, the other provisions of a statute or other statutes dealing on the same subject.

- The word or provision should not be given a meaning that will restrict or defeat, but shouldinstead be construed to effectuate, what has been intended in an enacting law.

Meaning of term dictated by contet- While ordinarily a word or term used in a statute will be given its usual and commonly

understood meaning, the contet in which the word or term is employed may dictate adifferent sense.

- The contet in which the word is used oftentimes determines its meaning.- A word is understood in the contet in which it is used.

Verba accipienda sunt secundum materiam- The contet may li!ewise give a broad sense to a word of otherwise ordinarily limited

meaning.- The contet may also limit the meaning of what otherwise is a word of broad signification.

Where the law does not distinguish

- Where the law does not distinguish, courts should not distinguish. Ubi lex non distinguit, nec nos distinguere debemus.

- The rule founded on logic, is a corollary of the principle that general words and phrases in astatute should ordinarily be accorded their natural and general significance

- The rule requires that a general term or phrase should not be reduced into parts and one partdistinguished from the other so as to justify its eclusion from the operation of the law.

- A corollary of the principle is the rule that where the law does not ma!e any eception, courtmay not ecept something therefrom, unless there is compelling reason apparent in the law to justify it.

- Ubi lex non distinguit, nec non distinguere debemus, applies not only in the construction of general words and epressions used in a statute but also in the interpretation of a rule laiddown therein.

- This principle assumes that the legislature made no qualification in the use of a general wordor epression.

- The courts may distinguish when there are facts or circumstances showing that the legislatureintended a distinction or qualification, for in such a case, the courts merely give effect to thelegislative intent.

!is"unctive and con"unctive words- The word "or# is a disjunctive term signifying disassociation and independence of one thing

from each of the other things enumerated. It should be construed in the sense in which itordinarily implies, as a disjunctive word.

- The use of the disjunctive word "or# between two phrases connotes that either phrase servesas qualifying phrase.

 

- The term "or# has sometimes been held to mean "and#, when the spirit or contet of the lawso warrants.

- The word "or# may also be used as the equivalent of "that is to say# giving that which itpreceded it the same significance as that which follows it. It is not alwaysdisjunctive and is sometimes interpretative or epository of the preceding word.

- The word "or# may also mean successively.

- The word "and# is a conjunction pertinently defined as meaning "together with#, "joined with#, "along or together with#, "added to or lin!ed to#, used to conjoin word with word, phrase withphrase, clause with clause.

- The word "and# does not mean "or#$ it is a conjunction used to denote a joinder or union, "binding together#, "relating the one to the other#.

- %owever, "and# may mean "or# as an eception to the rule. The eception is resorted to onlywhen a literal interpretation would pervert the plain intention of the legislature as gleanedfrom the contet of the statute or from eternal factors.

Noscitur a sociis- Where a particular word or phrase is ambiguous in itself or is equally susceptible of various

meanings, its correct construction may be made clear and specific by considering the companyof words in which it is found or with which it is associated.

- Where the law does not define a word used therein, it will be construed as having a meaningsimilar to that of words associated with or accompanied by it.

- A word, phrase should be interpreted in relation to, or given the same meaning of, words withwhich it is associated.

- Where most of the words in an enumeration of words in a statute are used in their generic andordinary sense, the rest of the words should similarly be construed.

- Where a word with more than one meaning is associated with words having specific orparticular signification, the former should be given a specific or particular signification.

Ejusdem generic - While general words or epressions in a statute are, as a rule, accorded their full, natural, and

generic sense, they will not be given such meaning if they are used in association with specificwords or phrases.

- &eneral rule is that where a general word or phrase follows an enumeration of particular andspecific words of the same class or where the latter follow the former, the general word orphrase is to be construed to include, or to be restricted to, persons, things, or cases a!in to,resembling, or of the same !ind or class as those specifically mentioned.

- Where a statute describes things of particular class or !ind accompanied by words of a genericcharacter, the generic words will usually be limited to things of a !indred nature with thoseparticularly enumerated, unless there be something in the contet of the statute to repel suchinference.

- 'urpose( give effect to both the particular and general words, by treating the particular wordsas indicating the class and the general words as indicating all that is embraced in said class,although not specifically named by particular words.

- This principle is based on the proposition that had the legislature intended the general wordsto be used in their generic and unrestricted sense, it would not have enumerated the specificwords.

- Application( where specific and generic terms of the same nature are employed in the sameact, the latter following the former.