CHAPTER 10 CONFLICTING STATUTES

EFFECT SHOULD BE GIVEN TO ENTIRE

STATUTE

IN PARE MATERIA

GENERAL AND SPECIAL STATUTES

STATUTE & ORDINANCE

When an earlier chapter contradicts

a provision/section in a later
chapter of the statute
Theory: it was enacted as an
integrated measure and not as a
hodge-podge of conflicting provisions
Construction that would render
provision inoperative: avoided
Inconsistent provisions should be
reconciled whenever possible as parts
of coordinated and harmonious whole
Statutes relate to same subject
matter/ same class of persons or
things/ same purpose or object
Construed together interpreted
with reference to other acts relating
to same subject
If it cannot be reconciled, statute of
later date prevails
Statutes treating subject in general
terms & another treating part of the
same subject in particularly detailed
manner: give effect to both if
possible; if irreconcilable general
statutes give way to
special/particular provisions as an
exception to general provisions
Unless: general statute manifests
intent to repeal or alter special law
If can stand together, effect given to
both. If not ordinance must give
way

In case of conflict between the previous

article and later article, the latter will
prevail

Valentina Nunez vs Heirs of Leonilo

Nunez

Whenever two statutes of different

dates and of contrary tenor are of equal
theoretical application to a particular
case, the statute of later date must
prevail being a later expression of
legislative will

PNB vs Cruz

A special law prevails over a general

law regardless of their dates of
passage, and the special law is to be
considered as remaining an exception

Leonilo Nunez obtained 3 loans from

GSIS 1976 and mortgaged property
and land
1978 bank loan matured 1997
bank undertook extrajudicial
foreclosure
Bank highest bidder
Nunez argued Article 1141 and
1142 Civil code loans matured
1978, 10 years has prescribed
ISSUE: W/N foreclosing of mortgages
prescribed
YES bank contends 1141 is
applicable only but court says 1142
is exception of 1141. 10 years has
prescribed. Petition granted
1980 Aggregate Mining Exponents
(AMEX) laid off 70% of work force.
Kept 30% but did not pay them wages
Labor Arbiter rendered decision in
favour of workers (separation pay &
backwages = 219k) NLRC affirmed
decision
PNB contends Article 110 must be
read with 2241-2245 of civil code
concerning classification,
concurrence, and preference of
credits. 110 does not purport to
create liens in favour of workers
ISSUE: W/N Article 110 applies in
case
YES: 110 worker preference in case
of bankruptcy workers shall enjoy
first preference for monetary
claims, any provision of the law to
contrary notwithstanding
Article 2241-2245 shall not
prevail against 110. No exceptions
stated in 110
Labor code signed into law decades
after civil code
1988, Vice Mayor and Presiding
Officer, City council of Manila
submitted to Civil Service commission
submitted appointments of 19

to the general law

Hon. Lopez vs Civil Service Commission

A special law must be intended to

constitute an
exception to the general law in the
absence of a special circumstances
forcing a contrary conclusion

National Power Corporation vs Judge

RTC 10

When Courts are confronted with

apparently conflicting statutes, they
should not declare outright the
invalidity of one against the other, but
should endeavour to reconcile them

officers and employees pursuant to

sec 15 RA 409 Board appoints,
VM sign appointments
City Budget officer of Manila sought
comment from Mayor for payroll to
be paid
Legal officer rendered opinion
appointing officer is Mayor not
council
Commission held City council has
appointing power
ISSUE: W/N City Council still has
power to appoint under RA 409 or on
City mayor under RA 5185
409 - special law; RA 5185 BP BLG
337 general laws
Special law exception to general
law

1984- Province of Misamis Oriental

filed complaint RTC collection of
real property and special
education fund tax 11M from
Napocor
Napocor filed MD court has no
jurisdiction under PD 242 1973
disputes of government agencies
settled by SOJ RTC denied
PD 464 real property tax code
may be enforced by any civil
action in court of competent
jurisdiction
HELD: 242 general law
(administrative settlements); 464
special law (real property taxes)
Special law and of later
enactment petition dismissed
Yambao owned 2 drugstores
San Sebastian drugstore
suspended by FDA for buy bust
operations of valiums
FDA allowed drugstore to operate
again, Mayor did not want

Hon. Richard Gordon vs Judge Veridiano

II

A special and local statute applicable to

a particular case is not repealed by a
later statute which is general in its
terms, provisions, and application even
if the terms of the general act are
broad enough to include the cases in
the special law unless there is manifest
intent to repeal or alter special law

Province of Misamis Oriental vs

Cagayan Electric Power Co

It is a well-settled rule that a

substantive law cannot be amended by
procedural law

PNB vs Hon. Asuncion

Yambao filed for mandamus,

damages, change of location
Change of location approved by
FDA. Mayor suspended license
ISSUE: Power to grant and revoke
licenses
HELD: Mayor acted invalidly in
revoking mayors permit; competent
for suspension of 2nd mayors permit.
1969, CEPALCO granted franchise
under RA 3247, 2570, 6020 said
franchise tax of 3% of gross
earning shall be in lieu of all
taxes and assessment
1973, Local Tax Code PD 231
province may impose a tax on
businesses enjoying franchise
Petitioner enacted Revenue
Ordinance 19 demanded payment
of provincial franchise tax from
CEPALCO
Fiscal favoured Province, Secretary of
Finance favoured CEPALCO
ISSUE: W/N corporation whose
franchise expressly provided that
payment of franchise tax shall be in
lieu of all taxes.. Is exempt from
paying provincial franchise tax
YES: no provision in PD 231
expressly or impliedly repealing RA
6020.
CEPALCO RAs are special law
while PD 231 is general law
Petition denied
PNB granted credit accommodations
to Fabar Inc. Manuel Barredo,
Borromeo (2), Jose Barredo
Failure to pay PNB filed case for
collection against 4 respondents
Manuel Barredo died- RTC dismissed
case citing Section 6, Rule 86,
Revised rules of court money claim
suit does not survive death claim
filed against decedent
ISSUE: entire case against 4 can be
dismissed by death of 1

A general law cannot repeal a special

law

PP vs Hon Palma

In case of conflict between a general

provision of a special law and a
particular provision of a general law,
the latter should prevail

City of Manila vs Genaro Teotico

NO: article 1216 of New Civil Code

in case of death of 1 solidary debtor,
creditor may proceed against
surviving solidary debtors without
necessity of filing claim in estate of
deceased
If rule 86 taken literally, it would in
effect repeal 1216
Rule 86 cannot amend/repeal rule
1216
Romulo Morada, 17, charged with
vagrancy by Naga City Fiscals office
Judge dismissed case court has no
jurisdiction to continue to take further
congnizance of this case - Juvenile
Prosecution contends jurisdiction
over 16 and under 21 remains with
regular courts and not impliedly
transferred to Juvenile Court
Issue: W/N issuance of PD 603,
youthful offenders 9-21, transfer
case from regular courts to
juvenile court
No: RA 6591 Camsur Juvenile and
Domestic Relations court accused
under 16
PD 603- Child Youth Welfare Code
youth = 9-21
PD603 general law; RA 6591special law
Dismissal orders set aside
Genaro Teotico fell inside uncovered
manhole in P. Burgos Ave, and his left
eyelid was pierced
Teotico filed complaint for damages
against city, mayor, engineer, city
health officer, chief of police
CFI decided in favour of defendants.
CA same, except city of manila having
to pay 6750
ISSUE: W/N Section 4 RA 409 or
Article 2189 of Civil code applies
SEC 409: city shall not be liable for
damages arising from failure of
mayor, etc., to enforce or from
negligence

When there is irreconcilable

repugnancy between a proviso and the
body of the statute, the former prevails
as latest expression of legislative intent

Isidro Arenas vs City of San Carlos

Whenever there is a conflict between

an ordinance and a statute, the
ordinance must give way
Primicias vs Municipality of Pangasinan

Article 2189: provinces, cities,

municipalities, liable for damages by
reason of defective conditions of
roads, streets, etc.
Article 2189 applies. 409
enforcement; 2189 specifically
defective conditions of roads
Judge Arenas (San Carlos,
Pangasinan) filed a petition for
Mandamus if CFI to compel
respondents (City, mayor, council,
treasurer) to pay his salary
differential (P9500) citing RA 5967
which provides basic salary of judges
of 2nd and 3rd class cities P18000
CFI dismissed petition
HELD: Provided, that salary of city
judge shall be at least one hundrer
pesos per month less than that of city
mayor
It is clear from deliberation of Senate,
salary of city judge should not be
higher than slary of city mayor
Purpose of proviso is to limit the
general language of statute
Primicias violated Municipal
Ordinance No. 3, Series of 1964, for
overtaking a truck
Criminal case filed against Primicias
Primicias initiated action for
annulment of ordinance with prayer
for issuance of preliminary injunction
CFI rendered decision holding
ordinance was null and void, repealed
by RA 4136
ISSUE: W/N Ordinance No. 3 is
valid
Appellants contend ordinance is valid
being patterned after and based on
Act 3992
Act 3992 has been superseded by RA
4136 with explicit repeal of 3992
Ordinance No. 3 must be determined
vis--vis by mother statute 4136
Whenever there is conflict between
ordinance and statute, ordinance


Where a special statute refers to a
subject in general, which the general
statute treats in particular, the
provision of the latter, in case of
conflict, will prevail
Hon. Bagatsing (Mayor of Manila) vs
Hon. Ramirez

Ordinance should not contravene a

statute. In case of conflict between an
ordinance and a statute, the latter will
prevail
Mayor Magtajas vs Pryce Properties
Corp Inc.

must give way

Decision affirmed
Ordinance 7522 enacted, Mayor
Bagatsing approved
Federation of Manila Vendors, Inc.
filed complaint to nullify ordinance
7522 publication requirement under
the revised charter of the City of
Manila
Judge declared ordinance 7522 null
and void
Petitioners contend only a post
publication is required by Local Tax
Code
ISSUE: W/N Revised Charter of Manila
or Local tax code applies
Revised Charter is special act
speaks about ordinance in general
Local tax code is general speaks of
ordinances levying or imposing taxes,
fees, or other charges
Local tax code prevails
Mayor of CDO enacted Ordinance 345
and 3375-93: prohibiting issuance
and cancelling business permit to any
establishment for using and allowing
a portion for casino operation;
prohibiting casino operation
Pryce assailed ordinances. CA
declared ordinance invalid
Petitioners argue Section 16 of Local
Government code: Sangguniang
Panlungsod may prohibit the
operations of Casino because it is
detrimental to people
ISSUE: W/N Ordinances are valid
No. Local government can prohibit
gambling except those allowed by
statutes like P.D 1869 which
centralizes and regulates all games of
chance
2 kinds of gambling, legal and illegal

It is a basic rule in statutory

construction that the enactment of a
later legislation which is a general law
cannot be construed to have repealed a
special law

Laguna Lake Development Authority vs

CA

It is elementary in statutory
construction that an administrative
circular cannot supersede, abrogate,
modify, or nullify a statute. A statute is
superior to an administrative circular,
thus the latter cannot repeal or amend
it

Judge Leyne vs COA

Where the instrument is susceptible to

two interpretations, one which will

Laguna Lake Development Authority

created under RA 4850, have the
exclusive jurisdiction to issue permit
for use of all surface water for any
projects or activities in or affecting
the lake regions
RA 7160 Local Government Code
gave municipal governments the
exclusive jurisdiction to issue fishing
privileges within their municipal water
Municipal governments assumed
authority to issue fishing privileges
Authority on fishpen zoning served
notice to fishpen owners to dismantle
Owners filed injunction - Authority
filed MD
CA dismissed the authoritys petitions
ISSUE: W/N laguna lake or
Municipalities should exercise
jurisdiction over Laguna lake
RA 4850 Laguna Lake special law
RA 7160 local government does
not contain any express provision
which repeals charter of Authority
Charter of Authority prevails over
local government code
Petition Granted

Judge Leynes of RTC Mindoro received

RATA from SC + allowance from Local
Gov (944 increased to 1600)
Auditor Dalisay directed Sangunihang
Bayan to stop giving RATA pursuant to
NCC 67 No RATA from more than
one source
ISSUE: w/n Municipality can validly
provide RATA in addition to SC RATA
Yes. NCC 667 cannot repeal RA 7160
RA 7160 Local government can
grant allowance and benefits to
judges in their territory
Lim filed ejectment case on Dy for
failure to vacate premises

make it invalid and illegal and another

which will make it valid and legal, the
latter interpretation should be adopted

Lim vs CA

In case of conflict between an

administrative order and provisions of
constitution, the latter prevails

Department of Agrarian Reform (Ponce)

vs Sutton

Restatement of Rule

Case was settled through

compromise: Dy can rent for as long
as he can pay; 20% increase every 3
years
Lim filed another ejectment suit Lim
did not want to renew contract
RTC dismissed case
ISSUE: w/n contract of lease, lessee
has sole power to determine
continuance
NO. if term for a long as he can
pay is applied how RTC applied it
will result in situation where
continuation and effectively depends
upon will of lessee
Respondent made VOS of their land to
DAR to avail of incentives (cow and
calf breeding)
Comprehensive Agrarian Reform Law
took effect included coverage farms
used for livestock, poultry swine
Respondents filed with DAR formal
request to withdraw their VOS
DAR issued AO 9 retention limits
DAR secretary issued order partially
granting application for exemption
from coverage of CARL applying ao
9 limits
Respondents contends whole land
should be exempted
Issue: w/n DAR AO 9 is
unconstitutional
YES. AO 9 regulate livestock farms
by including them in coverage of
agrarian reform
However 1987 Consti show clear
intent to exclude all lands exclusively
devoted to livestock, swine, and
poultry raising

It is presumed that legislature, in

drafting and enacting statute, had full
knowledge and took full cognizance of
all existing laws on the same subject

Courts should endeavour to reconcile

the same
Harmonize if possible handiwork of
same legislature

CHAPTER 11 COSNTRUCTION AND

INTERPRETATION OF THE CONSTITUTION
What is a constitution?

All provisions of the constitution are

self-executing; exceptions

Prohibitory provisions given literal and

strict interpretation

System of fundamental law for

governance and administration of a
nation
It is supreme, imperious, absolute,
unalterable
Fundamental and paramount law of
nation
Supreme law to which all laws and
contracts must conform to
If provision is complete in itself and
becomes operative without the aid of
supplementary or enabling
legislation, or that which supplies
sufficient rule by means of which the
right it grants may be enjoyed or
protected, is self-executing
Self-executing if the nature and
extent of the right conferred and the
liability imposed are fixed by the
constitution itself
In case of doubt, constitution should
be considered self-executing rather
than not
In construing the constitution: should
bear in mind the object sought to be
accomplished by its adoption and the
evils, if any, sought to be prevented
Not one provision of the constitution
is to be separated from all the others,
to be considered alone, but that all
the provisions bearing upon a
particular subject are to be brought
into view and to be interpreted as to
effectuate the great purposes of the
instrument
Resorting to debates and proceedings
of ConCom mauy be had only when
other guides fails
Proper interpretation depends more

on how it was understood by the

people adopting it than the framers
understanding thereof
The constitutional provision on natural
born citizens of the Philippines given
Retroactive Effect

The Constitution must be construed in

its entirety as one, single document

Liberal Construction of one Title One

Subject Rule

1973 Consti those born of Filipino

father and those born of Filipino
mothers with an alien father are both
considered natural-born citizens
Constitutional provision is curative in
nature

RA 7675 Act Converting Municipality

of Mandaluyong into a Highly
Urbanized City to be Known as the
City of Mandaluyong
2 topics Conversion to city &
division of congressional district
Natural and logical consequence of
conversion

Resignation of the President under the

1987 Consti is not governed by any
Formal requirement as to form. It can
be oral. It can be written. It can be
express. It can be implied

Elements: intent to resign; intent

coupled by acts

The one-year residency requirement for

Congressional Candidate under Sec 6,
Artcile VI of the Constitution Liberally
and Equitably construed to give fullest
effect to the Manifest Will of the People

Fernandez vs HRET

Special Provisions prevail over a

general one

VFA

The power to promulgate rules of

pleading, practice, and procedure is
now the Courts exclusive domain and is
no longer shared by this Court with
Congress, much less Executive.

GSIS CASE wants exemption from

payment of legal fees
Rules of Court was promulgate in the
exercise of the Courts rule-making
power. It is essentially procedural in
nature as it does not create, diminish,
modify substantive rights

SUPREMA LEX

Stare Decisis

Constitution is supreme law of land

when there is conflict between
statute and constitution, the statute
shall yield to the constitution
If inconsistent with Constitution, it is
void

Judicial decisions applying or

interpreting laws or the Consti shall
form part of the legal system of the
Philippines (rule of precedents)