Statutory Construction Principles

General Rules of Statutory Construction

• Words in a statute may have different meanings - ordinary, generic, restricted, technical, legal, commercial or trade.
• The meaning of a word depends on what the legislature intended.
• Legislative intent can be determined from the statute itself, and extraneous and relevant circumstances.
• Statutory definitions in a statute control the meaning of the word, even if it has other meanings.

Statutory Definitions

• Definitions in a statute only apply within that act.
• The definition does not apply to other statutes especially those dealing with transactions that occurred before the enactment of the act.

Words in Their Ordinary Sense

• Words are given their plain, ordinary, and common meaning unless there is legislative intent to the contrary.
• Words are read in their natural, obvious significance, according to commonly accepted usage.

Ejusdem Generis

• A general word following specific words of the same class is restricted to persons, things or cases of the same kind as those specifically mentioned.
• Presumption: If the legislature intended the general words to be unrestricted, they would not have specified them.
• Requirements for Ejusdem Generis to apply:
  • Specific words followed by a general word
  • Specific words are of the same kind
  • Enumeration is not exhaustive
  • No indication that the general words or phrases have a broader meaning.

Illustration of Ejusdem Generis

• Vera v. Cuevas: "All milk" in a statute was interpreted as meaning "skimmed milk" because the headnote and text dealt specifically with skimmed milk.

Limitations of Ejusdem Generis

• Specific words do not constitute a readily discernible class.
• There is regulatory intent to give the general phrase broader meaning.
• The statutory provision is not itself restrictive.
• The law is clear and unambiguous.

Expressio Unius est Exclusio Alterius

• Express mention of one person, thing, or consequence implies the exclusion of all others.
• Also known as the negative-opposite doctrine.
• A canon of restrictive interpretation.
• Opposite of the doctrine of necessary implication.
• Used in statutes granting powers, creating rights, imposing penalties and forfeitures, as well as strictly construed statutes.
• Presumption: The legislature would have made specified enumerations only if they wanted to restrict the meaning to the things mentioned.

Variations of Expressio Unius est Exclusio Alterius

• What is expressed puts an end to that which is implied.
• A thing that is not excepted must be regarded as coming within the general rule.

Negative-Opposite Doctrine

• Express mention of one thing implies the opposite of what is not expressed.
• This is also known as argumentum a contrario.

Application of Expressio Unius

• The rule and its related cannons are used in statutes granting powers, creating rights and remedies, restricting common rights, and imposing penalties and forfeitures.
• If a statute directs specific acts by a particular person or class, it implies that it shall not be done otherwise or by a different person or class.
• If a statute enumerates things upon which it operates, everything else is excluded.

Limitations on the Rule

• The rule is not a rule of law, but a tool for statutory construction.
• It must yield to the legislative intent.
• It is only an auxiliary rule of interpretation.
• Does not apply if the enumeration is an example or to remove doubts.
• Does not apply if the statute appears to limit provisions to specific persons or things, but there is no reason to exclude others.
• Can be disregarded if it results in incongruities, violates equal protection, inconvenience, hardship, injury to the public interest.
• The rule may be disregarded if legislative intent indicates that the enumeration is not exclusive.

Doctrine of Casus Omissus

• This rule states that a person, object, or thing omitted from an enumeration must be held to have been omitted intentionally.
• This rule is based on the certainty that something was deliberately left out.
• It does not apply if it can be shown that the legislature did not intend to exclude the person or thing.
• If legislative intent is clear, the court may supply the omission if it will carry out the intent and not harm the language of the law.

Doctrine of Last Antecedent

• Qualifying words restrict or modify only the words or phrases to which they are immediately associated.
• In the absence of legislative intent to the contrary, qualifying words or phrases must be applied only to their immediate or last antecedent, and not to preceding words.
• Proximum antecedens fiat relatio nisi impediatur sententia: relative words refer to the nearest antecedents, unless the context requires otherwise.
• The use of commas to separate an antecedent from the rest influences the application of this doctrine.

Proviso

• A proviso is a clause in a statute that modifies or restricts the general provision of a statute.
• It is usually introduced by the word “Provided, that,” “Provided however, that,” or “Provided always, that.”
• A proviso may enlarge the scope of a law as well as restrict it.
• A proviso is considered to be additional legislation.
• A proviso is sometimes used to qualify the main provision of the statute, or even the entire statute.

Repugnancy Between Proviso and Main Provision

• A proviso should be construed to harmonize with the main provision of the statute.
• If a proviso and the main provision conflict, the provision located later in the statute prevails unless there is legislative intent to the contrary, or doing so will destroy the statute itself.
• The later provision is given preference because it is the latest expression of legislative intent.

Test your knowledge on the general rules of statutory construction, including the various meanings of words in statutes and the importance of legislative intent. This quiz covers statutory definitions, the interpretation of words in their ordinary sense, and the ejusdem generis rule.