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Words with technical or legal meaning

“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. The
presumption is that the language used in a statute, which has a technical or well-known legal meaning,
is used in that sense by the legislature.” (Agpalo 2009, 279)

“The technical or legal, not the ordinary or general, meaning of a word used in a statute
should be adopted in the construction of the statute, in the absence of any qualification or intention to
the contrary.” (Agpalo 2009, 280)

How identical terms in same statue construed


“A word or phrase repeatedly used in a statute will bear the same meaning throughout the
statute. The word will not be so construed as to give it a meaning different from that of the same word
in said statute.” (Agpalo 2009, 281)

“A word or phrase in one part of a statute is to receive the same interpretation when used in
every other part, unless it clearly appears from the context or otherwise that a different meaning is
intended.” (Agpalo 2009, 281)

Meaning of word qualified by purpose of statute


The meaning of a word or phrase used in a statute may be qualified by the purpose which
induced the legislature to enact the statute. The purpose may indicate whether to give a word or phrase
an ordinary, popular, technical, legal, commercial, restricted or expansive meaning. (Agpalo 2009, 282)

In construing a word or phrase, the court should adopt that interpretation that accords best
with the manifest purpose of the statute or promotes or realizes its object. (Agpalo 2009, 282)

Words or phrase construed in relation to other provisions


A word, phrase or provision should not be construed in isolation but must be interpreted in
relation to other provisions of the law. This rule is a variation of the rule that a statute should be
construed as a whole, and each of its provisions must be given effect. (Agpalo 2009, 283)

A word or provision should not be construed in isolation from, but should be interpreted in
relation 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 should instead be construed
to effectuate, what has been intended in an enacting law. (Agpalo 2009, 284)

Meaning of a term dictated by context


A word is to be understood in the context in which it is used. Verba accipienda sunt secundum
materiam. (Agpalo 2009, 288)

Where the law does not distinguish


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

There should be no distinction in the application of a statute where none is indicated.

Disjunctive and conjunctive words


The word “and/or” means that effect shall be given to both the conjunctive “and” and the
disjunctive “or” or that one word or the other may be taken accordingly as one or the other will best
effectuate the purpose intended by the legislature as gathered from the whole statute.

ASSOCIATED WORDS
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 considering the
company of words in which it is found or with which it is associated.

Where a particular word is obscure or of doubtful meaning, taken by itself, the obscurity
or doubt may be removed by reference to the meaning of associated or companion words. And
where the law does not define a word used therein, it will be construed as having a meaning
similar to that of words associated with or accompanied by it.

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