situation obtaining now will not most likely be the same in the years to come, Laws should adapt to
changing times.
9. Presumption against Implied Repeal
Repeal by implication is nat favored. There are two requirements before a statute can be
considered to have repealed a prior statute by implication, namely:
a. That the statute touch on the same subject matter; and
b. That the latter statute is repugnant to the earlier one.
Note: Rules to remember on the matters of repeal:
1. Laws are repealed only by subsequent ones, and their violation or non-observance
shall not be excused by disuse, custom or practice to the contrary. (Art. 7, Civil Code
of the Philippine)
2. When a law which expressly repeals a prior one, the first law shall not be thereby
revived, unless expressly provided, However, when a law repeals a prior law, not
expressly but by implication only, its repeal revives the prior law, unless, the language
of the repealing statute provides otherwise.
3. A general law does not repeal special law unless its $0 expressly provided, or they
are incompatible, in which case, the special law prevails over the general law.
10, Presumption against Violation of Public Palicy
itis presumed that the legislature designed to favor and foster rather than to contravene the
public policy which is based upon the principles of natural justice, good morals, and the settled wisdom of
the law as applied to the ordinary affairs of life
11. Presumption of Knowledge of Existing Laws
in enacting a law, the lawmaking body is presumed to have the full knowledge of existing laws on
the subject. Hence, if there are twa laws on the same subject enacted in different dates, the latter law
cannot be held to have abrogated the former law unless repugnancy is clear, convincing and
ineconcilable.
12. Presumption of Acquiescence to Judicial Construction
When the court has construed a statute in a particular manner and the lawmaking body had no
move to alter or amend the said statute, itis presumed that the legislature has acquiesced to that
interpretation,
13. Presumption of Jurisdiction
A statute will not be construed in such a manner as to oust or restrict the jurisdiction of the
superior courts or to vest a new jurisdiction in them, unless, there are express words or a necessary
implication to the effect.
14, Presumption on Acting within the Scope of Authority
itis presumed that the legislature acted within the scope of its authority. Ifa statute admits more
than one interpretation, one that places the statute outside of the legislative competence and one that
places the legislative within the limits of legislative competence, the court should adopt the latter
interpretation.
15. Presumption against Violation of International Law
itis presumed that a statute is in conformity with the rules and principles of International Laws, or
with treaties duly entered into and accepted by our government. This is in line with Section 2, Article Il of
the 1987 Constitution, which provides:
ATTY, NESTOR MONDOK
Professor, Statutory Construction
COLLEGE OF LAW
UNIVERSITY OF THE CORDILLERAS