Amendment

Power of Legislature from enacting, repeal, and create laws

A change or modification

By addition or deletion or alteration

Amendatory Act

Express: “to read as follows”

Specific provisions amended are recited therein

Implied

1) Irreconcilable conflict- Part of first statute and a second statute embrace same subject. Second
act cant be enforced wo first act nullified. (repugnancy)

Ex. Second statute provides penalty as presc by RPC using same terms for classif and duration, not sp statute,
amendment

Fact that later enactment relate to same subject matter, not sufficient nor mere diff bet two.

Irr Conflict- exist when 2nd law nullif reason or purpose of 1st law,

2) 2nd act covers whole subj earlier and intended as substitu

Takes effect after 15 days f OG pub, deemed part of am law at time it took effect.

If unocnsti, as if did not exist, orig unaffected in force.

Construction

As a whole, as if the amended act is in its orig form. As if always been there.

Not affected by amendment, remain in force.

Ex. Orig statute provides hall be in force for a period of 2 yrs from aproval. Ame- 4 yrs; 4 yrs counted from
orig date of enactment of orig statute.

Meaning changed

Hindi magaamend kung hindi may intention to change meaning

Shown by change in selection of language

Ex. Change of exceptions or deletion

Civil code: parental authority abs, death-paternal now surv gp

Adoption laws

Prospective application

Except relating to procedure

App to pending cases and undetermined at time of passage

Retroactive if impair vested rights under old law

On jurisdiction (det by law in force at the time instituted)

Cant divest court of juris which juris granted prior law

Subversion of judicial process to take cause fr court having jurisdiction before final decision is given

Applies to Lab arbiters w orig and exc juris over all cases involving employer employee rels, inc
money claims ag recruiter out of any law or contract of OFW

While pending claim, EO 797 eneacted, gave POEA the orig… exc jurisdiction. LA proceeded, in fav or OFW

SC sustained. EO 797 did not divert LA of authority

Determined by law in force at time of institute, no retroactive effect

Revision and Codification

In fields or subjects leg passed various laws

To restate existing lawsm simplify compli provisions on subject easily found

New provisions inserted, old prov omitted

What meaning or intention kaya?

Construction

To harmonize, author has one philo or position consistent to

Code: as one single compre statute, isang buo to

If my irreconcilable: 1) yung best intention or 2) last in phy position

Ex. Ab community Termination

Art 236, Art 221 FC

If may naomit, deemed repealed

Codification by nature complete enactment, abrogate old 1s

Possible only if former revises whole subj of latter

Implied only if: intent na 2nd one substitute 1st one

Ex. Mecano v. COA:claim for reimb of govt official for med and hospitalization under Sec 699 of RAC 1917- auth
head of office to cause reimb or payment of med and hospital of emp if sick or injured or in perf of duties

COA denied claim. AC 1987 revised and pealed RAC Sec 699 daw. It was omitted in RAC.

SC rev grant claim. In AC, “all laws, dec, st inconsistent w this code shall be prealed or modf” RAC Sec 699 not inc
with AC. AC failed to id those intended to repeal.

No implied repeal also. AC governs aspect of govt on admin, org and procedure.

Phraseology or Shuffling sections

Condensation requires omission of some words

But alteration of modific not necessary mean alteration of construction, unless clear intent sa
language na ginamit at may material change na tlaga sa words

Change in sections also not mean change operation, effect or meani

Codification

Continuation of existing laws is the presumption. Codifiers no intent to change the law as it formerly
existed.

Repeal

Congress can’t pass irrepealable laws

Deprive succeeding legislatures of crafting new laws appropariate to the ccircumstances. Cant bind
leg to part omde of repeal.

Total or Partial

Total- revokes statute completely.

Partial- leaves unaffected portions in force.

Express or Implied

Exp- Inclusion of number and title of rep statute in repealing clause

Imp- irrec consistency repugnancy.

Laws repealed only by subseq ones.

Implied repeal

1) Irreconcilable conflict- Part of first statute and a second statute embrace same subject. Second
act cant be enforced wo first act nullified. (repugnancy)
Ex. Second statute provides penalty as presc by RPC using same terms for classif and duration, not sp statute,
amendment

Fact that later enactment relate to same subject matter, not sufficient nor mere diff bet two.

Irr Conflict- exist when 2nd law nullif reason or purpose of 1st law,

2) 2nd act covers whole subj earlier and intended as substitu

3) Codification- the rev Code or statute by its framework and substance, cover whole subj to be a
complete perfect system in itself.

Those not repeated deemed impl repealed. Intent- nullify existing laws in subj, est uniform system

Sec 18, Rule 41 of pre 1997 Rules of Court- appeal in HC cases be taken win 48 hr fr notice of judg.

Repealed- 1997 Rule of court. Appeal fr ju or FO be taken 15 days fr receipt thereof.

4）Reenactment

in substitution of old law.

5) Law exp in universal negative

Negative statute repeals all conf provisions ul contrary

6) reenacting in general terms, then law on details, restrictions (later act, in negative)

“All laws, or part there of wc are not inconsistent with this act are hereby repealed or mod accdly”

Not express, predicates na meronf sub conflict sa mga dati.

Implied repeal.

Iplied repeal not favored

Presumption against inconsistency. Harmonize first, check if may express then implied.

Only if leg intendend.

Passed later prevails

Latest exp of leg will.

A genereal law does nt nullify a specific law.

Special- leg makes prov. Details for all circ of part case.

Special law exc to gen rule.

Ex. LLDA v. CA

LLDA or towns municip exercise jurisd over Laguna Lake and environs in so far as issuance of permits for
fishery privileges?
LLDA statute- LLDA exclusive

LGC 1991 RA 7160- municip ext

Two laws muct b harmonized

LLDa is later act than RA 7169

Gen law repeals t special or vice versa

There is alwsya partial repeal sa special law.

Intent to repal present:

Gen act prov all laws incons therwith repealed or modified accdly

Gen law says it shall apply regardless other law on same matter

Gen law uses words or phrases

Later statute broad and clear intended to cover all.

Effects:

Does undo consequences of operation of statute, unless expressly made.

Neither repeal of law renders illegal what udner old is legal.or vice versa

Ex. RA 7160 repealed BP 337.

Rights and obli existing on date of eff of new code not affected, governed by orig terms and conds of said
contract or law in force at time such rights vested.

Jurisdiction

Determined by law in force at the tiem action is filed. Neither repal of exp of laws deprve court or
admin tribunal od authority to act on pending action, and finally decide it.

v. expiration of penal law own force

abs repeal- crime is obliterated, stigma of convctio wla na

Pag may juris na, di na mawawala.

Jurisdiction acquired nacommence na or filed in court.

Pending appeal

GR- repeal of statute defeats all actions and proceeding pati pending na mula sa statute.

CA- rule accdg to law prev at time of disposition not the law prev at time of rendition of appealed judg.

Pag may bagong law during pending, yun susundin ni CA so irereverse judg ng lower court.
On Vested rights

Suevives despite repal

App to rights acq under contracts and rights of action to recover damages for torts.

Impairing by repeal vested rights and obli of contracts prohibited eccept in leg exercise of police power.

Contracts

Repeal not afftec terms of contract nor impair the right of parties. Even if contract w govt.

Repeal of Tax laws.

Not prevent from happ collection of taxes under old law, unless sinabi ng law.

Prospective app;ication, tax assessd bfore repealcollectble after repeal

Penal laws

Absolute repeal crime no longer exist- prosec not pos

Did not penalize act in old law- wala n rin

Rendered legal dating illegal

Xpn-when repealing act reenacts statute and penalizes same act- cont na crime sya

Xpn- repealing act cont saving clause sabi pending actions hndi affected.

Municipal charter

Ulotwp abolishing office under old charter effect nya

Destriys all ofc ends all fxns

Repeal of repealing law

A exp repealed by B, C rep B: A not auto revive uotwp

Repealing statute dec unconsti, no effect of repealing yung luma. So walang repeal.