Professional Documents
Culture Documents
Statcon Finals
Statcon Finals
Statcon Finals
CHAMILOMI NOTES 3
10. Section 1, Rule 39 of the 1997 Revised the absence of special circumstances forcing
Rules of procedure should not be given a contrary conclusion
retroactive effect in this case as it would
result in great injustice to the petitioner 5. When courts are confronted with
apparently conflicting statutes, they should
11. Procedural provisions of the Local not declare out right the invalidity of one
Government Code are retrospective against the other, but should endeavour to
reconcile them
12. Curative statutes are validly accepted in
this jurisdiction subject to the usual 6. The rule is that a special and local statute
qualification against impairment of vested applicable to a particular case is not
rights repealed by a later statute which is general
in its terms, provisions and application even
13. Curative statutes have retrospective if the terms of a general act are broad
effect enough to include the cases in the special
law unless there is a manifest intent to
14. The benefit provisions of RA No. 7659 repeal or alter the special law
(“Heinous Crimes Law”) shall be given
retrospective effect 7. It is a well-settled rule that a substantive
law cannot be repealed by a procedural law
CHAPTER X: CONFLICTING STATUTES
8. A general law cannot repeal a special law
EFFECT SHOULD BE GIVEN TO THE ENTIRE
STATUTE 9. In case of conflict between the general
provision of a special law and a particular
STATUTES IN PARI MATERIA provision of a general law, the latter should
prevail
GENERAL AND SPECIAL STATUTES
STATUTE AND ORDINANCE 10. When there is an irreconcilable
repugnancy between a proviso and the body
1. In case of conflict between the previous of a statute, the former prevails as latest
article and later article, the latter will prevail expression of legislative intent
2. Whenever two statutes of different dates 11. Whenever there is a conflict between an
and of contrary tenor are of equal theoretical ordinace and a statute the ordinance must
application to a particular case, the statute give way
of later date must prevail being a later
expression of the legislative will 12. Where a special statute refers to a
subject in general, which the general statute
3. A special law prevails over a general law treats in particular, the provision of the latter
regardless of their dates of passage , and the in case of conflict will prevail
special law is to be considered as remaining
an exception to the general law 13. Ordinance should not contravene with a
statute, in case of a conflict between an
4. A special law must be intended to ordinance and a statute the latter will prevail
constitute an exception to the general law in
CHAMILOMI NOTES 4
14. It is a basic rule in statutory construction IT CAN BE ORAL. IT CAN BE WRITTEN. IT CAN
that the enactment of a later legislation BE EXPRESS. IT CAN BE IMPLIED.
which is a general law cannot be construed
to have repealed a special law 7. SPECIAL PROVISION PREVAILS OVER A
GENERAL ONE
15. It is elementary in statutory construction
than an administrative circular cannot 8. SUPREMA LEX
abrogate, modify or nullify a statute. A
statute is superior to an administrative 9. STARE DECISIS
circular thus the latter cannot amend or
repeal it