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CHAPTER 10 CONFLICTING STATUTES
EFFECT SHOULD BE GIVEN TO ENTIRE
STATUTE
When an earlier chapter contradicts
a proision!s"ction in a later
chapter of the statute Theory: it #as "nact"d as an
int"$rat"d measure and not as a
hodge-podge of conicting provisions Construction that would render
provision inoperative: avoided
Inconsistent provisions should be
reconciled whenever possible as parts
of coordinated and harmonious whole
IN PARE %ATERIA • Statutes relate to sa&" s'()"ct
&att"r/ same class of persons or
things/ same purpose or obect• Constr'"d to$"t*"r ! interpreted
with reference to other acts relating
to same subect• If it cannot be reconciled" stat't" o+
,at"r dat" pr"ai,s
GENERAL AND SPECIAL STATUTES •
Statutes treating subect in generalterms # another treating part of the
same subect in particularly detailed
manner: give e$ect to both if
possible% if irreconcilable ! $"n"ra,
stat't"s $i" #a- to
sp"cia,!partic',ar proisions as an
e&ception to general provisions• 'nless: general statute manifests
intent to repeal or alter special law
STATUTE . ORDINANCE • If can stand together" e$ect given to
both( If not ! ordinanc" &'st $i"
#a-
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In cas" o+ con/ict ("t#""n t*" pr"io's
artic," and ,at"r artic," t*" ,att"r #i,,
pr"ai,
Va,"ntina N'n" s H"irs o+ L"oni,o
N'n"
• )eonilo *une+ obtained , loans from
SIS .01 and mortgaged property
and land• .02 ! ban3 loan matured .0 !
ban3 undertoo3 e&traudicial
foreclosure• 4an3 highest bidder
*une+ argued ! Artic," 1121 and
1123 Cii, code ! loans matured
.02" 10 -"ars *as pr"scri("d• ISS'5: W/* foreclosing of mortgages
prescribed• 65S ! ban3 contends ..7. is
applicable only but court says 1123
is "4c"ption of ..7.( .8 years has
prescribed( 9etition granted
5*"n""r t#o stat't"s o+ di6"r"nt
dat"s and o+ contrar- t"nor ar" o+ "7'a,
t*"or"tica, app,ication to a partic',ar
cas" t*" stat't" o+ ,at"r dat" &'st
pr"ai, ("in$ a ,at"r "4pr"ssion o+
,"$is,ati" #i,,
PNB s Cr'
• .28 ! ggregate ;ining 5&ponents
laid o$ 08? of wor3 force(
@ept ,8? but did not pay them wages• )abor rbiter rendered decision in
favour of wor3ers ! *)AC aBrmed
decision
9*4 contends rticle ..8 must be
read with 7.-7D of civil code
concerning classiEcation"
concurrence" and preference of
credits( 110 do"s not p'rport to
cr"at" ,i"ns in +ao'r o+ #or8"rs
ISSUE; 5!N Artic," 110 app,i"s in
cas"
• 65S: ..8 ! wor3er preference in case
of ban3ruptcy ! #or8"rs s*a,, "n)o-
s*a,, not
pr"ai, a$ainst 110? *o e&ceptions
stated in ..8• )abor code signed into law decades
after civil code
A sp"cia, ,a# pr"ai,s o"r a $"n"ra,
,a# r"$ard,"ss o+ t*"ir dat"s o+
passa$" and t*" sp"cia, ,a# is to ("
consid"r"d as r"&ainin$ an "4c"ption
• .22" Fice ;ayor and 9residing
GBcer" City council of ;anila
submitted to Civil Service commission
s'(&itt"d appoint&"nts of .
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to t*" $"n"ra, ,a#
Hon? Lop" s Cii, S"ric" Co&&ission
oBcers and employees pursuant to
sec .D RA 20: ! Board appoints
V% si$n appoint&"nts
• City 4udget oBcer of ;anila sought
comment from %a-or +or pa-ro,, to
(" paid
)egal oBcer rendered opinion !
appointin$ o@c"r is %a-or not
co'nci,
Commission ! *",d Cit- co'nci, *as
appointin$ po#"r
• ISS'5: W/* City Council still has
power to appoint under A 78 or on
City mayor under A D.2D• 20: = sp"cia, ,a#% A D.2D 49 4)
,,0 ! general laws
Sp"cia, ,a# "4c"ption to $"n"ra,
,a#
A sp"cia, ,a# &'st (" int"nd"d to
constit't" an
"4c"ption to t*" $"n"ra, ,a# in t*"
a(s"nc" o+ a sp"cia, circ'&stanc"s
+orcin$ a contrar- conc,'sion
Nationa, Po#"r Corporation s 'd$"
RTC 10
.27- 9rovince of ;isamis Griental
Eled complaint ! ATC ! co,,"ction o+
r"a, prop"rt- and sp"cia,
"d'cation +'nd ta4 11% +ro&
Napocor
• *apocor Eled ;H ! co'rt *as no
)'risdiction under PD 323 1:
disp't"s o+ $o"rn&"nt a$"nci"s
s"tt,"d (- SO ! ATC denied
9H 717 ! real property ta& code !
&a- (" "n+orc"d (- an- cii,
action in co'rt o+ co&p"t"nt
)'risdiction
• J5)H: 7 ! general law
% 717 !
special law
Sp"cia, ,a# and o+ ,at"r
"nact&"nt p"tition dis&iss"d
5*"n Co'rts ar" con+ront"d #it*
appar"nt,- con/ictin$ stat't"s t*"-
s*o',d not d"c,ar" o'tri$*t t*"
ina,idit- o+ on" a$ainst t*" ot*"r ('t
s*o',d "nd"ao'r to r"conci," t*"&
• 6ambao owned drugstores
• San S"(astian dr'$stor"
s'sp"nd"d (- FDA for buy bust
operations of valiums• KH allowed drugstore to operate
again" %a-or did not #ant
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Hon? Ric*ard Gordon s 'd$" V"ridiano
II
• 6ambao Eled for mandamus"
damages" change of location• C*an$" o+ ,ocation appro"d (-
FDA? ;ayor suspended license
ISSUE; Po#"r to $rant and r"o8"
,ic"ns"s
• J5)H: ;ayor acted invalidly in
revo3ing mayors permit% competent
for suspension of nd mayors permit(
A sp"cia, and ,oca, stat't" app,ica(," to
a partic',ar cas" is not r"p"a,"d (- a
,at"r stat't" #*ic* is $"n"ra, in its
t"r&s proisions and app,ication ""n
i+ t*" t"r&s o+ t*" $"n"ra, act ar"
(road "no'$* to inc,'d" t*" cas"s in
t*" sp"cia, ,a# 'n,"ss t*"r" is &ani+"st
int"nt to r"p"a, or a,t"r sp"cia, ,a#
Proinc" o+ %isa&is Ori"nta, s
Ca$a-an E,"ctric Po#"r Co
.1" C59)CG granted franchise
under A ,70" D08" 188 said
+ranc*is" ta4 o+ o+ $ross
"arnin$ s*a,, (" in ,i"' o+ a,,
ta4"s and ass"ss&"nt
• .0," )ocal Ta& Code 9H ,.
proinc" &a- i&pos" a ta4 on
('sin"ss"s "n)o-in$ +ranc*is"• 9etitioner enacted R""n'"
Ordinanc" 1: ! demanded payment
of provincial franchise ta& from
C59)CG• Kiscal favoured 9rovince" Secretary of
Kinance favoured C59)CG• ISS'5: W/* corporation whose
franchise e&pressly provided that
payment of franchise ta& shall be in
lieu of all ta&es((L Is e&empt from
paying provincial franchise ta&• 65S: no proision in PD 31
e&pressly or impliedly repealing A
188(CEPALCO RAs ar" sp"cia, ,a#
#*i," PD 31 is $"n"ra, ,a#
• 9etition denied
It is a #",,=s"tt,"d r'," t*at a
s'(stanti" ,a# cannot (" a&"nd"d (-
proc"d'ra, ,a#
PNB s Hon? As'ncion
• 9*4 granted credit accommodations
to Kabar Inc( ! ;anuel 4arredo"
4orromeo " Mose 4arredo• Kailure to pay ! 9*4 Eled case for
collection against 7 respondents• ;anuel 4arredo died- ATC dismissed
case citing Section 1" Aule 21"
Aevised rules of court ! money claim
suit does not survive death ! claim
Eled against decedent• ISS'5: entire case against 7 can be
dismissed by death of .
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• *G: article ..1 of *ew Civil Code !
in case of death of . solidary debtor"
creditor may proceed against
surviving solidary debtors without
necessity of Eling claim in estate of
deceased• If rule 21 ta3en literally" it would in
e$ect repeal ..1• Aule 21 cannot amend/repeal rule
..1
A $"n"ra, ,a# cannot r"p"a, a sp"cia,
,a#
PP s Hon Pa,&a
• Aomulo ;orada" .0" charged with
vagrancy by *aga City KiscalNs oBce• Mudge dismissed case ! court has no
urisdiction to continue to ta3e further
congni+ance of this case - Muvenile• 9rosecution contends ! urisdiction
over .1 and under . remains withr"$',ar co'rts and not impliedly
transferred to Muvenile Court• Issue: 5!N iss'anc" o+ PD J0
-o't*+', o6"nd"rs :=31 trans+"r
cas" +ro& r"$',ar co'rts to
)'"ni," co'rt
• *o: A 1D. ! Camsur Muvenile and
Homestic Aelations court ! accused
under .1• 9H 18,- Child 6outh Welfare Code !
youth O -.
PDJ0 $"n"ra, ,a#K RA J>:1=
sp"cia, ,a#
• Hismissal orders set aside
In cas" o+ con/ict ("t#""n a $"n"ra,
proision o+ a sp"cia, ,a# and a
partic',ar proision o+ a $"n"ra, ,a#
t*" ,att"r s*o',d pr"ai,
Cit- o+ %ani,a s G"naro T"otico
• enaro Teotico fell inside uncovered
manhole in 9( 4urgos ve" and his left
eyelid was pierced• Teotico Eled complaint for damages
against city" mayor" engineer" city
health oBcer" chief of police• CKI decided in favour of defendants(
C same" e&cept city of manila havingto pay 10D8
• ISS'5: W/* Section 7 A 78 or
rticle .2 of Civil code applies• S5C 78: city shall not be liable for
damages arising from failure of
mayor" etc(" to enforce or from
negligence
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• rticle .2: provinces" cities"
municipalities" liable for damages by
reason of defective conditions of
roads" streets" etc(• rticle .2 applies( 78 !
enforcement% .2 ! speciEcally !
defective conditions of roads
5*"n t*"r" is irr"conci,a(,"
r"p'$nanc- ("t#""n a proiso and t*"
(od- o+ t*" stat't" t*" +or&"r pr"ai,s
as ,at"st "4pr"ssion o+ ,"$is,ati" int"nt
Isidro Ar"nas s Cit- o+ San Car,os
• Mudge renas to pay his salary
di$erential ! citing A D10
which provides basic salary of udges
of nd and ,rd class cities ! 9.2888• CKI dismissed petition
• J5)H: 9rovided" that salary of city udge shall be at least one hundrer
pesos per month less than that of city
mayorL• It is clear from deliberation of Senate"
salary of city udge should not be
higher than slary of city mayorL• 9urpose of proviso is to limit the
general language of statute
5*"n""r t*"r" is a con/ict ("t#""n
an ordinanc" and a stat't" t*"
ordinanc" &'st $i" #a-
Pri&icias s %'nicipa,it- o+ Pan$asinan
• 9rimicias violated ;unicipal
Grdinance *o( ," Series of .17" for
overta3ing a truc3• Criminal case Eled against 9rimicias
• 9rimicias initiated action for
annulment of ordinance with prayer
for issuance of preliminary inunction• CKI rendered decision holding
ordinance was null and void" repealed
by RA 21J
ISSUE; 5!N Ordinanc" No? is
a,id
• ppellants contend ordinance is valid
being patterned after and based onct ,
• ct , has been superseded by A
7.,1 with e&plicit repeal of ,• Grdinance *o( , must be determined
vis-P-vis by mother statute 7.,1• Whenever there is conict between
ordinance and statute" ordinance
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must give way• Hecision aBrmed
5*"r" a sp"cia, stat't" r"+"rs to a
s'()"ct in $"n"ra, #*ic* t*" $"n"ra,
stat't" tr"ats in partic',ar t*"
proision o+ t*" ,att"r in cas" o+
con/ict #i,, pr"ai,
Hon? Ba$atsin$ %a-or o+ %ani,aM s
Hon? Ra&ir"
• Grdinance 0D enacted" ;ayor
4agatsing approved• Kederation of ;anila Fendors" Inc(
Eled complaint to nullify ordinance
0D ! publication reQuirement under
the revised charter of the City of
;anila• Mudge declared ordinance 0D null
and void• 9etitioners contend ! only a post
publication is reQuired by )ocal Ta&
Code• ISS'5: W/* Aevised Charter of ;anila
or )ocal ta& code applies•
Aevised Charter is special act !spea3s about ordinance in general
• )ocal ta& code is general ! spea3s of
ordinances levying or imposing ta&es"
fees" or other charges• )ocal ta& code prevails
Ordinanc" s*o',d not contra"n" a
stat't"? In cas" o+ con/ict ("t#""n an
ordinanc" and a stat't" t*" ,att"r #i,,
pr"ai,
%a-or %a$ta)as s Pr-c" Prop"rti"s
Corp Inc?
• ;ayor of CHG enacted Grdinance ,7D
and ,,0D-,: prohibiting issuance
and cancelling business permit to any
establishment for using and allowing
a portion for casino operation%
prohibiting casino operation• 9ryce assailed ordinances( C
declared ordinance invalid• 9etitioners argue ! Section .1 of )ocal
overnment code: Sangguniang
9anlungsod may prohibit the
operations of Casino because it is
detrimental to people• ISS'5: W/* Grdinances are valid
• *o( )ocal government can prohibit
gambling e&cept those allowed by
statutes li3e 9(H .21 whichcentrali+es and regulates all games of
chance• 3inds of gambling" legal and illegal
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It is a (asic r'," in stat'tor-
constr'ction t*at t*" "nact&"nt o+ a
,at"r ,"$is,ation #*ic* is a $"n"ra, ,a#
cannot (" constr'"d to *a" r"p"a,"d a
sp"cia, ,a#
La$'na La8" D"",op&"nt A't*orit- s
CA
• )aguna )a3e Hevelopment uthority
created under A 72D8" have the
e&clusive urisdiction to issue permit
for use of all surface water for any
proects or activities in or a$ecting
the la3e regions• A 0.18 ! )ocal overnment Code !
gave municipal governments the
e&clusive urisdiction to issue Eshing
privileges within their municipal water• ;unicipal governments assumed
authority to issue Eshing privileges• uthority on Eshpen +oning served
notice to Eshpen owners to dismantle• Gwners Eled inunction - uthority
Eled ;H
• C dismissed the authorityNs petitions• ISS'5: W/* laguna la3e or
;unicipalities should e&ercise
urisdiction over )aguna la3e• A 72D8 ! )aguna )a3e ! special law
• A 0.18 ! local government ! does
not contain any e&press provision
which repeals charter of uthority• Charter of uthority prevails over
local government code• 9etition ranted
It is ","&"ntar- in stat'tor-
constr'ction t*at an ad&inistrati"
circ',ar cannot s'p"rs"d" a(ro$at"
&odi+- or n',,i+- a stat't"? A stat't" is
s'p"rior to an ad&inistrati" circ',ar
t*'s t*" ,att"r cannot r"p"a, or a&"nd
it
'd$" L"-n" s COA
• Mudge )eynes of ATC ;indoro received
AT from SC R allowance from )ocal
ov • uditor Halisay directed Sangunihang
4ayan to stop giving AT pursuant to
*CC 10 ! *o AT from more than
one source• ISS'5: w/n ;unicipality can validly
provide AT in addition to SC AT• 6es( *CC 110 cannot repeal A 0.18
• A 0.18 ! )ocal government can
grant allowance and beneEts to
udges in their territory
5*"r" t*" instr'&"nt is s'sc"pti(," to
t#o int"rpr"tations on" #*ic* #i,,
• )im Eled eectment case on Hy for
failure to vacate premises
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&a8" it ina,id and i,,"$a, and anot*"r
#*ic* #i,, &a8" it a,id and ,"$a, t*"
,att"r int"rpr"tation s*o',d (" adopt"d
Li& s CA
• Case was settled through
compromise: Hy can rent for as long
as he can pay% 8? increase every ,
yearsL• )im Eled another eectment suit ! )im
did not want to renew contract• ATC dismissed case
• ISS'5: w/n contract of lease" lessee
has sole power to determine
continuance• *G( if term for a long as he can
payL is applied how ATC applied it
will result in situation where
continuation and e$ectively depends
upon will of lessee
In cas" o+ con/ict ("t#""n an
ad&inistrati" ord"r and proisions o+constit'tion t*" ,att"r pr"ai,s
D"part&"nt o+ A$rarian R"+or& Ponc"M
s S'tton
• Aespondent made FGS of their land to
HA to avail of incentives
• Comprehensive grarian Aeform )aw
too3 e$ect ! included coverage farms
used for livestoc3" poultry swine• Aespondents Eled with HA formal
reQuest to withdraw their FGS• HA issued G ! retention limits
• HA secretary issued order partially
granting application for e&emption
from coverage of CA) ! applying ao
limits• Aespondents contends ! whole land
should be e&empted• Issue: w/n HA G is
unconstitutional• 65S( G ! regulate livestoc3 farms
by including them in coverage of
agrarian reform• Jowever ! .20 Consti show clear
intent to e&clude all lands e&clusively
devoted to livestoc3" swine" and
poultry raising
R"stat"&"nt o+ R'," • It is presumed that legislature" in
drafting and enacting statute" had full
3nowledge and too3 full cogni+ance of
all e&isting laws on the same subect
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• Courts should endeavour to reconcile
the same• Jarmoni+e if possible ! handiwor3 of
same legislatureCHAPTER 11 COSNTRUCTION AND
INTERPRETATION OF THE CONSTITUTION
5*at is a constit'tion • System of fundamental law for
governance and administration of a
nation• It is supreme" imperious" absolute"
unalterable• Kundamental and paramount law of
nation• Supreme law to which all laws and
contracts must conform to
A,, proisions o+ t*" constit'tion ar"s",+="4"c'tin$K "4c"ptions
• If provision is complete in itself andbecomes operative without the aid of
supplementary or enabling
legislation" or that which supplies
suBcient rule by means of which the
right it grants may be enoyed or
protected" is self-e&ecuting• Self-e&ecuting if the nature and
e&tent of the right conferred and the
liability imposed are E&ed by the
constitution itself• In case of doubt" constitution should
be considered self-e&ecuting rather
than not
Pro*i(itor- proisions $i"n ,it"ra, and
strict int"rpr"tation
• In construing the constitution: should
bear in mind the obect sought to be
accomplished by its adoption and the
evils" if any" sought to be prevented• *ot one provision of the constitution
is to be separated from all the others"
to be considered alone" but that all
the provisions bearing upon a
particular subect are to be broughtinto view and to be interpreted as to
e$ectuate the great purposes of the
instrument• Aesorting to debates and proceedings
of ConCom mauy be had only when
other guides fails• 9roper interpretation depends more
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on how it was understood by the
people adopting it than the framers
understanding thereof
T*" constit'tiona, proision on nat'ra,
(orn citi"ns o+ t*" P*i,ippin"s $i"n
R"troacti" E6"ct
• .0, Consti ! those born of Kilipino
father and those born of Kilipino
mothers with an alien father are both
considered natural-born citi+ens• Constitutional provision is curative in
nature
T*" Constit'tion &'st (" constr'"d in
its "ntir"t- as on" sin$," doc'&"nt
•
Li("ra, Constr'ction o+ on" Tit," On"
S'()"ct R',"
• A 010D ! ct Converting ;unicipality
of ;andaluyong into a Jighly'rbani+ed City to be @nown as the
City of ;andaluyong• topics ! Conversion to city #
division of congressional district• *atural and logical conseQuence of
conversion
R"si$nation o+ t*" Pr"sid"nt 'nd"r t*"
1: Consti is not $o"rn"d (- an-
For&a, r"7'ir"&"nt as to +or&? It can
(" ora,? It can (" #ritt"n? It can ("
"4pr"ss? It can (" i&p,i"d
• 5lements: intent to resign% intent
coupled by acts
T*" on"=-"ar r"sid"nc- r"7'ir"&"nt +or
Con$r"ssiona, Candidat" 'nd"r S"c J
Artci," VI o+ t*" Constit'tion Li("ra,,-
and E7'ita(,- constr'"d to $i" +',,"st
"6"ct to t*" %ani+"st 5i,, o+ t*" P"op,"
• Kernande+ vs JA5T
Sp"cia, Proisions pr"ai, o"r a
$"n"ra, on"
• FK
T*" po#"r to pro&',$at" r',"s o+p,"adin$ practic" and proc"d'r" is
no# t*" Co'rts "4c,'si" do&ain and is
no ,on$"r s*ar"d (- t*is Co'rt #it*
Con$r"ss &'c* ,"ss E4"c'ti"?
•
SIS CS5 ! wants e&emption frompayment of legal fees• Aules of Court was promulgate in the
e&ercise of the CourtNs rule-ma3ing
power( It is essentially procedural in
nature as it does not create" diminish"
modify substantive rights
SUPRE%A LE Star" D"cisis
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• Constitution is supreme law of landN
when there is conict between
statute and constitution" the statute
shall yield to the constitution• If inconsistent with Constitution" it is
void
Mudicial decisions applying or
interpreting laws or the Consti shall
form part of the legal system of the
9hilippines