LEX SPECIALIS DEROGANT

GENERALI

Special Provision Prevails Over a

General Rule
Section 25 of Article 13 was considered as special and
controlling provision over Section 21, Article 7 of the
Constitution.
Section 21, Art. 7 of the
Constitution
No treaty or international
agreement shall be valid and
effective unless concurred in by at
least two-thirds of all the Members
of the Senate.
Section 25, Art. 13 of the
Constitution
After the expiration in 1991 of the
Agreement between the Republic
of the Philippines and the United
States of America concerning
military bases, foreign military
bases, troops, or facilities shall not
be allowed in the Philippines
except under a treaty duly
concurred in by the Senate and,
when the Congress so requires,
ratified by a majority of the votes
cast by the people in a national
referendum held for that purpose,
and recognized as a treaty by the
other contracting State.
• Section 21, Article 7 deals with treaties of international
agreement in general.
• Section 25, Article 18 is a special provision that applies to
treaties.

• It is finely-embedded principiple in statutory construction

that a special provision or law preavails over a general
one. (Legal specialis derogant generali)
 The power to promulgate rules of pleadings, practice, and
procedure is now the Court’s exclusive domain and is no longer
shared by this Court with Congress, much less Executive.

• In a petition which GSIS seeks exemption from the payment of legal

fees imposed on government-owned or –controlled corporations under
Sec. 22, Rule 141 of Legal Fees of the Rules of Court.
• GSIS urges the Court to show deference to Congress by recognizing the
exemption of the GSIS under Sec. 39 of RA 8291 from legal fees
imposed under Rule 141. Effectively, the GSIS wants this Court to
recognize a power of Congress to Repeal, amend or modify a rule of
procedure promulgated by the Court. However, the Constitution and
jurisprudence do not sanction such view.
 SUPREMA LEX

It is time-honored that the Constitution is

the Supreme Law of the land. It is the law of
all laws. Hence, if there is conflict between
a statute and the Constitution, the statute
shall yield to the Constitution.
 SUPREMA LEX

• When the courts declare a law to be inconsistent with the

Constitution, the former shall be void and the latter shall
govern.
• The basic precept in statutory construction that a statue
should be interpreted in harmony with the Constitution.
 STARE DECISIS

The rule of precedents.

Judicial decisions applying or interpreting
the laws or the Constitution shall form
part of the legal system of the Philippines.
The Doctrine of Stare Decisis
• Once a case has been decided in one way, then another
case, involving the same issue should be decided in the
same manner.
• When there is a patent error in judgment, such precedent
should be abandoned and disregarded.
 CONCLUSION

The fundamental principle of

constitutional construction is to give effect
to the intent of the framers of the organic
law and of the people adopting it.