Reports on legal technique & logic

Reports on legal technique & logicBy: Jovelyn T. Nasis

INTRINSIC AIDS USED IN STATUTORY CONSTRUCTION & INTERPRETATIONNosctur a sociis (associated words)CASE: COCA COLA BOTTLERS VS. GOMEZWhere a particular word is equally susceptible of various meanings, its correct construction may be made specific by considering the company ofterms in which it is found or with which it is associated.EJUSDEM GENERISCASE: PARAYNO VS. JOVELLANOSIt is a general rule of statutory construction that where general words follow an enumeration of persons or things, by words of a particular and specific meaning, such general words are not to be construed in theirwidest extent, but are to be held as applying only to persons or things ofthe same general kind or class as those specifically mentioned.But this rule must be discarded where the legislative intention is plain to the contrary.Thisruleiscommonlycalledtheejusdemgenerisrule,becauseit teaches us that broad and comprehensive expressions in an act, such as and all others, or any others, are usually to be restricted to persons or things of the same kind or class with those specially named in the preceding words. Rule ofejusdem generismerely a tool of statutory construction resorted to when legislative intent is uncertain

GENERAL VS. SPECIFIC WORDSCASE: BORROMEO VS. MARIANOSPECIFIC WORDS: IS CONSTRUED AS AN EXCEPTION TO THE GENERAL PROVISIONS. IN THIS CASE ALL PROVISIONS ARE GIVEN EFFECT. General terms in a statute are to receive a general construction, unless retrainedbythecontextorbyplaininferencesfromthe scopeand purpose of the act. General terms or provisions in a statute may be restrained and limited by specific terms or provisions with which they are associated. Special terms in a statute may sometimes be expanded to a general signification by the consideration that the reason of the law is general.THANK YOU!