Republic of the Philippines

SUPREME COURT
Manila

EN BANC

G.R. No. L-16950 December 22, 1961

SIMEON T. GARCIA, petitioner-appellee,

Cezar Francisco for petitioner-appellee.

LABRADOR, J.:

Appeal from a decision of the Court of First Instance of Nueva Ecija, Hon. Felix B. Makasiar, presiding,
declaring the appointment of petitioner-appellee, Simeon T. Garcia as clerk of court of the justice of
the peace court of San Jose, Nueva Ecija valid, and, ordering the respondents Municipality of San
Jose, Nueva Ecija, Arturo B. Pascual and Eulogio Sta. Maria, Mayor and Treasurer, respectively of
said Municipality, to approve the vouchers of petitioner-appellee covering his period of service, as well
as to pay petitioner's salary from July 1, 1958 and directing the respondent municipality to provide for
the necessary appropriations therefore.

Simeon T. Garcia filed a petition for mandamus on September 11, 1958, which was amended on June
15, 1959. The facts involved in this case may be briefly stated as follows: the acting justice of the
peace of the municipality of San Jose, Nueva Ecija appointed petitioner Simeon T. Garcia, junior typist
civil service eligible, as clerk of the justice of the peace court of said municipality on July 1, 1958. This
appointment was approved by the Department of Justice. On July 7, 1958, the acting justice of the
peace forwarded the appointment, duly approved by the department and the Civil Service
Commission, to the municipal treasurer. The petitioner submitted certain vouchers supporting his daily
time record, duly approved by the acting justice of the peace, for payment, but the treasurer returned
the vouchers with the information that they be first approved by the municipal mayor before payment
could be made. The vouchers were submitted to the mayor but the latter did not want to approve them.
The reason of the mayor was an opinion of the provincial fiscal, that Rep. Act No. 1551 has repealed
Section 75 of Rep. Act No. 296, otherwise known as the Judiciary Act.

Section 75 of the judiciary act provides that the justices of the peace of first class municipalities may
have clerks of the court and other necessary employees at the expense of said municipalities, which
clerks of court and employees shall be appointed by the respective justices of the peace. On the other
hand, Rep. Act No. 1551, which is claimed to have repealed section 75 of Rep. Act No. 296, provides
—

Hereafter, all employees whose salaries are paid out of the general funds of the
municipalities shall, subject to the civil service law, be appointed by the municipal
mayor upon the recommendation of the corresponding chief of office. Provided, that in
case of disagreement between the chief of office concerned and the municipal Mayor,
the matter shall be submitted for action to the proper provincial department head
whose decision shall be final....
The judge below ruled that said Rep. Act No. 1551 did not expressly repeal section 75 of the Judiciary
Act and that the two laws, although apparently in conflict with each other, may be reconciled, following
the principle of law that a prior specific statute is not repealed by a subsequent general law. The judge
further ruled that there being no specific grant of authority in favor of the mayor to appoint the clerk of
court of the justice of the peace the power to appoint should not be considered lodged in said mayor.
Lastly, the judge held that the intent of the law in placing the appointment of clerks in the justice of the
peace is to prevent the clerks from the importunities and pressure of prejudicial politics.

On this appeal appellants insist that the provisions of Rep. Act No. 1551 repealed the provisions of
section 75 of the Judiciary Act because section 1 of Rep. Act No. 1551 provides that all employees
whose salaries are paid by the general funds of the municipality shall be appointed by the mayor upon
recommendation of the chief of office, so that, as the clerk of court of the justice of the peace is paid
out of the general funds of the municipality the power to appoint the said clerk should be lodged in the
mayor as with all other subordinate officials of the municipality.

We find no merit on the above contention. In the first place, justices of the peace are appointed by the
President of the Philippines, in the same manner as judges of superior courts, in pursuance of the
separation of powers among the three departments of the government. The independence of the
judiciary from the other departments of the government is one of the fundamental principles
established by the Constitution. This independence will be greatly hampered if subordinate officials of
the courts are subject to appointment by the head of the municipality province. A cursory reading of
the provisions of Rep. No. 1551 clearly shows that what it intended to be made subject to appointment
by the municipal mayor are subordinate officials in the municipality, like employees in the executive
branch and employees in the municipal council or board. There is no reason why said act, as a general
law, may be considered as having repealed the specific provisions of section 75 of Rep. Act No. 296. lawphil.net

A substantially similar rule prevails in cases where the two conflicting provisions are
found in different statutes relating to the same subject. It is an established rule in the
construction of statutes that a subsequent act treating a subject in general terms, and
not expressly contradicting the provisions of a prior special statute, is not to be
considered as intended to affect the more particular and specific provisions of the
earlier act, unless it is absolutely necessary so to construe it in order to give its words
any meaning at all. Hence, where there are two acts or provisions, one of which is
special and particular, and certainly includes the matter in question, and the other
general, which, if standing alone, would include the same matter, and thus conflict with
the special act or provision, the special act must be taken as intended to constitute an
exception to general act, as the legislature is not presumed to have intended a conflict.
Thus, when the provisions of a general law, applicable to the entire state, are
repugnant to the provisions of a previously enacted special law, applicable in a
particular locality only, the passage of such general law does not operate to modify or
repeal the special law, either wholly or in part, unless such modification or repeal is
provided for in express words, or arises by necessary implication. (pp. 328-329. Black
on Interpretation of Laws.)

Another ground for the legal conclusion arrived at by the court below is that the Secretary of Justice,
in an opinion dated June 7, 1957, Opinion No. 122, has already held that section 75 of the Judiciary
Act has not been repealed by Rep. Act No. 1551. The Secretary of Justice is the legal adviser of the
government and his opinions override those of provincial fiscals who are his subordinates. His opinions
although not law, should be given great weight, which in this case is the correct interpretation of the
laws involved.
For the foregoing considerations, the decision appealed from should be, as is it is hereby, affirmed
with costs against the appellants.

Bengzon, C.J., Padilla, Bautista Angelo, Concepcion, Reyes, J.B.L., Barrera Paredes, Dizon and De
Leon, JJ., concur.

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