Cordillera Career Development College

College of Law
Buyagan, La Trinidad, Benguet

Statutory Construction
First Semester, SY 2019 August -December

WHEN THE WORD OR PHRASE IS REPEATEDLY USED IN A STATUTE

A word or phrase used in one part of a statute shall receive the same interpretation
when used in every other part of the statute, unless a different meaning is intended.
Likewise, when a word or phrase is repeatedly used in a statute, it will, as a the
same meaning throughout the statute.rule, bear the same meaning throughout the
statute.

PARTICULAR WORDS AND PHRASES

1.) The words "OR" and "AND"

The Word "OR"

As a Rule
The word or is a disjunctive term which indicates an alternative. Hence,
when "or" is used, the various members of the sentence are to be taken
separately.

As a rule therefore, it should be construed in the sense in which it

ordinarily implies, that it is a disjunctive word.

The Word "AND"

As a Rule
The word "and" is a conjunctive term, and if it is used in a sentence, it
means that the members of a sentence are to be taken jointly.

Exception
The word "and" may mean "or" if this is the plain intention of the
legislature which could be gleaned from the context of the statute.

2) The terms "AND/OR'

The use of the term "and /or' means that effect shall be given to both the conjunctive
"and" and the disjunctive "or' depending on which one will serve the legislative intent.
3.) The words "SHALL" and "MAY"

The Word "SHALL"

The word "shall" is imperative. When used in a statute, it operates to
impose a duty, which may be enforced.

The Word "MAY"

The word "may" is permissive and it operates to confer jurisdiction.

4.) The words "ALL," "EVERY" and "ANY"

The word "all" may be used in its universal sense or in its comprehensive sense. The
phrase "all laws inconsistent with or contrary to this act are hereby repealed," refers
not only to laws that are existing at the time the repealing law is enacted but all rules
and regulations intended to implement them.

5) The phrase "AND SO FORTH"

The words "and so forth" refers to those similar to what is enumerated or mentioned
preceding the words "and so forth."

6.) The phrase "AND THE LIKE"

This is similar to the phrase "and others of similar character."

7.) Negative words and phrases like "CANNOT," "SHALL NOT" and "NO"
The use of these words in a statute indicates the intention of the legislature to make
the law mandatory and prohibitive.

THANK YOU :-)