Ejusdem Generis

(Of the Same Kind)

Ejusdem Generis is a Latin term used to interpret loosely written statutes.

Where a law lists specific classes of persons or things and then refers to them in
general, the general statements only apply to the same kind of persons or things
specifically listed.1 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. This doctrine applies
when the statute contains an enumeration of specific words; the subjects of the
enumeration constitute a class or category; that class or category is not exhausted
by the enumeration; the general term follows the enumeration; and there is no
indication of a different legislative intent.

In the case of Circuit City Stores, Inc., Petitioner v. Saint Clair Adams, the
Supreme Court of the United States held that the generally phrased exemption for
the employment contracts of workers engaged in commerce does not stand alone,
but occurs at the end of a sequence of more specific exemptions: for contracts of
employment of seamen, railroad employees, or any other class of workers engaged
in foreign or interstate commerce. Like those other courts, this Court sees the
sequence as an occasion to apply the interpretive maxim of ejusdem generis, that
is, when specific terms are followed by a general one, the latter is meant to cover
only examples of the same sort as the preceding specifics.2 Here, the same sort is

1
Copyright 1981-2005 by Gerald N. Hill and Kathleen T. Hill. All Right reserved.
2
Circuit City Stores, Inc., Petitioner v. Saint Clair Adams. Supreme Court Of The United States.
https://www.law.cornell.edu/supct/html/99-1379.ZD1.html.
thought to be contracts of transportation workers, or employees of transporters, the
very carriers of commerce. And that, of course, excludes respondent Adams from
benefit of the exemption, for he is employed by a retail seller.

Furthermore, in the construction of laws, wills and other instruments, when

certain things are enumerated, and then a phrase is used which might be construed
to include other things, it is generally confined to things ejusdem generis; as, where
an act provided that a writ of quo warranto might issue against persons who should
usurp "the offices of mayors, and other offices, within the cities, towns, corporate
boroughs, and places, it was held that "other offices" meant offices ejusdem
generis; and that the word "places" signified places of the same kind; that is, that
the offices must be corporate offices, and the places must be corporate places.3

Some of these canons of construction ejusdem generis (of the same kind,
class, or nature), when general words follow specific words in a statute in which
several items have been enumerated, the general words are construed to embrace
only objects similar in nature to the objects enumerated by the preceding specific
words of the statute. Ejusdem generis saves the legislature from having to spell out
in advance every contingency to which the statute could apply.4 For example, in a
statute granting a department of conservation the authority to sell "gravel, sand,
earth or other material," a court held that "other material" could only be interpreted
to include materials of the same general type and did not include commercial
timber. In the opposite situation, where specific words follow general ones,
ejusdem generis is also applied; again, the general term embraces only things that

3
By John Bouvier. Published 1856. https://legal-
dictionary.thefreedictionary.com/Ejusdem+generis.
4
Santa Elena Construction - Integrity beyond Structure
https://legal-dictionary.thefreedictionary.com/Canons+of+Construction
are similar to those specifically enumerated. The purpose of this doctrine is to
reconcile any incompatibility between specific and general words so that all words
in a Statute can be given effect and no word becomes superfluous.

Moreover, Justice Ganguly of the Supreme Court of India provides that the
Latin expression ejusdem generis which means of the same kind or nature is a
principle of construction, meaning thereby when general words in a statutory text
are flanked by restricted words, the meaning of the general words are taken to be
restricted by implication with the meaning of restricted words. This is a principle
which arises from the linguistic implication by which words having literally a
wide meaning (when taken in isolation) are treated as reduced in scope by the
verbal context. It may be regarded as an instance of ellipsis, or reliance on
implication.5 This principle is presumed to apply unless there is some contrary
indication, like all other linguistic canons of construction, the ejusdem generis
principle applies only when a contrary intention does not appear.

The rule is that when general words follow particular and specific words of
the same nature, the general words must be confined to the things of the same kind
as those specified. But it is clearly laid down by decided cases that the specific
words must form a distinct genus or category. It is not an inviolable rule of law,
but is only permissible inference in the absence of an indication to the contrary.

In the case of the City of Manila vs. Entote provides that under the maxim of
"ejusdem generis" which means "of the same kind, class or nature", when general
words follow an enumeration of particular cases, such words apply only to cases of
the same kind as those expressly mentioned. Thus, when broad expressions are

5
The Doctrine of 'Ejusdem Generis' : Supreme Court Explains. http://doctrine-
ejusdemgeneris.com/supremecourt.
used, such as, "and all others" or "any others" these are usually to be restricted to
persons or things of the same kind or class with those specifically named in the
preceding words. The Appellate Court correctly applied the rule of "ejusdem
generis" in construing the easement in question thereby holding that the clause
"any and all other persons whomsoever" embraces only "those who are privy to the
owners of the dominant estate, lots 1 and 2 Plan Pcs-2672" and excludes "the
indiscriminate public from the enjoyment of the right-of-way easement."6

In the case of National Power Corporation v. Angas, the ruling of the

Supreme Court states that: in applying the rule on construction to Central Bank
Circular No. 416, the general term judgment can refer only to judgments in cases
involving loans or forbearance of any money, goods or credits. Any other kind of
monetary judgment which has nothing to do with, nor involving loans or
forbearance of any money, goods or credit does not fall within the coverage of the
said law for it is not within the ambit of the authority granted to the Central Bank
Board may not tread on forbidden grounds.7

After discussing the meaning, purposes and functions of ejusdem generis,

we must keep in our mind a caution sounded by Lord Scarman in the case of Quasi
v. Quasi which states that: If the legislative purpose of a statute is such that a
statutory series should be read ejusdem generis, so be it; the rule is helpful. But, if
it is not, the rule is more likely to defeat than to fulfill the purpose of the statute.
The rule, like many other rules of statutory interpretation, is a useful servant but a

6
Lawphil Project Arellano Law Foundation.

http://www.lawphil.net/judjuris/juri1974/jun1974/gr_l_24776_1974.html
7
Chan Robles Virtual Law Library: Philippine Supreme Court Decision Online.
http://www.chanrobles.com/cralaw19925.htm#.Wh_AddxhnIU.
bad master.8 The Supreme Court is very careful in using the said Latin maxim to
insure that the intent of the framers of the law be given significance and not be
defeated in the Courts interpretation and construction.

8
The Doctrine of 'Ejusdem Generis' : Supreme Court Explains. http://doctrine-
ejusdemgeneris.com/supremecourt.
 Bibliograpy

Bouvier, J. (1856). A Law Dictionary, Adapted to the Constitution and Laws of the
United States. https://legal
dictionary.thefreedictionary.com/Ejusdem+generis.

Circuit City Stores, Inc., Petitioner v. Saint Clair Adams. Supreme Court Of The
United States. https://www.law.cornell.edu/supct/html/99
1379.ZD1.html.2001.

Chan Robles Virtual Law Library: Philippine Supreme Court Decision Online.
(1992).National Power Corporation v. Angas
http://www.chanrobles.com/cralaw19925.htm#.Wh_AddxhnIU.

Ganguly, J. (2011).The Doctrine of 'Ejusdem Generis' : Supreme Court Explains.

http://doctrine-ejusdemgeneris.com/supremecourt.

Hill, G. & Hill, K. (2005). Ejusdem generis. https://legal

dictionary.thefreedictionary.com/Ejusdem+generis.

Lawphil Project Arellano Law Foundation. (1974).City of Manila vs. Entote

http://www.lawphil.net/judjuris/juri1974/jun1974/gr_l_24776_1974.html

Santa Elena Construction - Integrity beyond Structure. Canons of

Construction.https://legal
dictionary.thefreedictionary.com/Canons+of+Construction.