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    Ejusdem Generis Real Handout

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    Loury Luzadio
    Ejusdem Generis is a canon of statutory construction that provides that when general words follow specific words in a list, the general words are construed to embrace only objects similar in nature to those objects enumerated by the preceding specific words. The rule is meant to give effect to both the specific and general terms used, by treating the specific words as indicating a class and the general words as encompassing all items within that class. The presumption is that if the legislature intended the general words to be used in an unrestricted sense, it would not have enumerated the specific words.

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    Ejusdem Generis Real Handout

    Uploaded by

    Loury Luzadio
    222 views1 page
    Ejusdem Generis is a canon of statutory construction that provides that when general words follow specific words in a list, the general words are construed to embrace only objects similar in nature to those objects enumerated by the preceding specific words. The rule is meant to give effect to both the specific and general terms used, by treating the specific words as indicating a class and the general words as encompassing all items within that class. The presumption is that if the legislature intended the general words to be used in an unrestricted sense, it would not have enumerated the specific words.

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    Ejusdem Generis is a canon of statutory construction that provides that when general words follow specific words in a list, the general words are construed to embrace only objects similar in nature to those objects enumerated by the preceding specific words. The rule is meant to give effect to both the specific and general terms used, by treating the specific words as indicating a class and the general words as encompassing all items within that class. The presumption is that if the legislature intended the general words to be used in an unrestricted sense, it would not have enumerated the specific words.

    Copyright:

    Attribution Non-Commercial (BY-NC)
    Download as DOC, PDF, TXT or read online from Scribd
    Download as doc, pdf, or txt
    222 views1 page

    Ejusdem Generis Real Handout

    Uploaded by

    Loury Luzadio
    Ejusdem Generis is a canon of statutory construction that provides that when general words follow specific words in a list, the general words are construed to embrace only objects similar in nature to those objects enumerated by the preceding specific words. The rule is meant to give effect to both the specific and general terms used, by treating the specific words as indicating a class and the general words as encompassing all items within that class. The presumption is that if the legislature intended the general words to be used in an unrestricted sense, it would not have enumerated the specific words.

    Copyright:

    Attribution Non-Commercial (BY-NC)
    Download as DOC, PDF, TXT or read online from Scribd
    Download as doc, pdf, or txt
    of 1

    Ejusdem Generis ( of the same kind)

    General rule: where a general word or phrase follows an enumeration of particular and specific words of the same class or where the latter follow the former, the general word or phrase is to be construed to include, or to be restricted to, persons, things or cases akin to, resembling, or of the same kind or class as those specifically mentioned. Example: : if a law refers to automobiles, trucks, tractors, motorcycles and other motor-powered vehicles, "vehicles" would not include airplanes, since the list was of land-based transportation Purpose: give effect to both particular or general words, by treating the particular words as indicating the class and the general words as indicating all that is embraced in said class, although not specifically named by the particular words. Principle: based on proposition that had the legislature intended the general words to be used in their generic and unrestricted sense, it would have not enumerated the specific words. Presumption: particularization legislators addressed specifically to the

    Limitations
    1. A statute contains an enumeration of particular & specific words, followed by general word or phrase. 2. Particular and specific words constitute a class or are the same kind. 3. Enumeration of the particular & specific words is not exhaustive or is not merely by examples. 4. There is no indication of legislative intent to give the general words or phrases a broader meaning Example: Commisioner on Internal Revenue vs. American Express Statute : "Section 4.102-2(b)(2) -- Services other than processing, manufacturing or repacking for other persons doing business outside the Philippines for goods which are subsequently exported, as well as services by a resident to a non-resident foreign client such as project studies, information services, engineering and architectural designs and other similar services, the consideration for which is paid for in acceptable foreign currency and accounted for in accordance with the rules and regulations of the BSP. Held: The canon of statutory construction known as ejusdem generis or "of the same kind or specie" does not apply to Section 4.102-2(b)(2) of RR 7-95 as amended by RR 5-96.

    Illustration
    Mutuc v. COMELEC
    Statute: Act makes unlawful the distribution of electoral propaganda gadgets, pens, lighters, fans, flashlights, athletic goods, materials and the like Held: and the like, does not embrace taped jingles for campaign purposes

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