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Agpalo Notes - Statutory Construction, CH 10
Agpalo Notes - Statutory Construction, CH 10
CONFLICTING STATUTES
The rule is that, if both the statute and the
ordinance can stand together, effect should be given to
both.
EFFECT SHOULD BE GIVEN TO THE ENTIRE
STATUTE
If there is conflict an ordinance and a statute,
the ordinance must give way. Statute prevails.
It may happen that in a statute, conflicting
clauses and provisions may arise. If such situation
Whenever 2 statutes of different dates and of
may occur, the statute must be construed as a whole.
contrary, the statute of later date must prevail being a
later expression of legislative will.
The rule is that, a construction that would
render a provision should be avoided; instead,
It is a well-settled rule that a substantive law
apparently inconsistent provisions should be reconciled
cannot be amended by a procedural law.
whenever possible as parts of coordinated and
harmonious whole.
A special law prevails over a general law,
regardless of their date of passage. Special law is to be
considered an exception to the general law.
Statutes that relate to the same subject In case of conflict between a general provision
matter, or to the same class of persons or things, or of a special law and a particular provision of a general
have the same purpose or object. law, the latter will prevail.
If both statutes are irreconcilable, the general It is always presumed that the legislature, in
statute must give way to the special or particular enacting any statute, had full knowledge and took full
provisions as an exception to the general provisions. cognizance of all existing laws on the same subject or relating
thereto.
This is so even if the general statute is later
The Courts of justice, when confronted with
enactment of the legislature and broad enough to
apparently conflicting statutes, should endeavor to reconcile
include the cases in special law unless there is the same instead of declaring outright the invalidity of one as
manifest intent to repeal or alter the special law. against the other. Such alacrity should be avoided. The wise
policy is for the judge to harmonize them if this is possible,
bearing in mind that they are equally the handiwork of the
same legislature, and so give effect to both while at the same
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time also according due respect to a coordinate department of
the government. (Gordon vs Veridiano)