Case Digest: Primicias vs Municipality of Urdaneta

Facts:
On February 8, 1965, Primicia was driving his car within the jurisdiction of Urdaneta when he was found
violating Municipal Order 3, Series of 1964 for overtaking a truck. The Courts of First Instance decided
that from the action initiated by Primicias, the Municipal Order was null and void and had been repealed
by Republic Act 4136, the Land Transportation and Traffic Code
Issues:
1. Whether or not Municipal Order 3 of Urdaneta is null and void
2. Whether or not the Municipal Order is not definite in its terms or ambiguous.
Held:
1. Municipal Order 3 is null and void as there is an explicit repeal in RA 4136 and as per general rule, the
later law prevails over an earlier law and any conflict between a municipal order and a national law must
be ruled in favor of the statute.
2. Yes, the terms of Municipal Order 3 was ambiguous and not definite. Vehicular Traffic is not defined
and no distinctions were made between cars, trucks, buses, etc.
Appealed decision is therefore AFFIRMED.