How to construe "and" and "or"?

TOPIC

1. "And" - exceptions to conjunctive construction

Microsoft Corp. vs. Manansala

FACTS:

The subject of the statutory construction here is Section 29 of P.D. No. 49, which states that:

Section 5. Copyright shall consist in the exclusive right: 

(a) To print, reprint, publish, copy, distribute, multiply, sell, and make photographs, photo-engravings, and pictorial illsutrations of the works. 

Manansala is doing business under the name of Dataman Trading Company and/or Comic Alley. He was engaged in distributing and selling Microsoft computer software programs. 

The public prosecutor and the DOJ, after a petition for review, dismissed the charge of copyright infringement. The CA, after a petition for certiorari, affirmed the dismissal. 

The petitioner insisted that the printing and copying are not essential in the commission of the crime even if the word used is "and".

ISSUE:

1. Whether or not the conjunctive "and" should be taken in its ordinary meaning. 

RULING:

No.

Under the rule on statutory construction, the conjunctive "and" should not be taken in its ordinary acceptation, but should be construed like the disjunctive "or" if the literal interpretation of the law would pervert or obscure the legislative intent. 

In this case, the literal interpretation would obscure the legislative intent. To require that the computer program be first photographes, photo-engraved, or pictorially illustrated as a condition for the commission of copyright infringement invites ridicule. The mere sale of the illicit copies of the software programs was enough. 

Therefore, the conjunctive "and" should be construed like the disjunctive "or".

  

STATUTORY CONSTRUCTION DISCUSSION

1. What is the meaning of "and" and "or"
1. Under the rules on syntax, the conjunctive word "and" denotes a "joinder or union" of words, phrases, or clause; it is different from the disjunctive word "or" that signals disassociation or independence.
2. However, a more important rule of statutory construction dictates that laws should be construed in a manner that avoids absurdity or unreasonableness.

Full text here.