This case has been cited 4 times or more.
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2009-09-11 |
CHICO-NAZARIO, J. |
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| Section 46 of Republic Act No. 9369 is a general repealing clause. It is a clause which predicates the intended repeal under the condition that a substantial conflict must be found in existing and prior acts. The failure to add a specific repealing clause indicates that the intent was not to repeal any existing law, unless an irreconcilable inconsistency and repugnancy exist in the terms of the new and old laws. This latter situation falls under the category of an implied repeal.[38] | |||||
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2008-12-18 |
CARPIO MORALES, J. |
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| Suffice it to mention that a de facto officer is one who is in possession of the office and is discharging its duties under color of authority, and by color of authority is meant that derived from an election or appointment, however irregular or informal, so that the incumbent is not a mere volunteer.[44] If a person appointed to an office is subsequently declared ineligible therefor, his presumably valid appointment will give him color of title that will confer on him the status of a de facto officer.[45] | |||||
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2008-09-17 |
LEONARDO-DE CASTRO, J. |
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| Well-settled is the rule that repeals of laws by implication are not favored, and that courts must generally assume their congruent application. The two laws must be absolutely incompatible, and a clear finding thereof must surface, before the inference of implied repeal may be drawn. The rule is expressed in the maxim, interpretare et concordare leqibus est optimus interpretendi, i.e., every statute must be so interpreted and brought into accord with other laws as to form a uniform system of jurisprudence. The fundament is that the legislature should be presumed to have known the existing laws on the subject and not have enacted conflicting statutes. Hence, all doubts must be resolved against any implied repeal, and all efforts should be exerted in order to harmonize and give effect to all laws on the subject.[14] We find, as the trial court has found, no irreconcilable conflict or repugnancy between Section 28 of R.A. No. 7279 and P.D. No. 1315 and No. 1472, rather, they can be read together and harmonized to give effect to their provisions. It should be stressed that Section 28 of R.A. No. 7279 does not totally and absolutely prohibit eviction and demolition without a judicial order as in fact it provides for exceptions. Pursuant to established doctrine, the three (3) statutes should be construed in light of the objective to be achieved and the evil or mischief to be suppressed by the said laws, and they should be given such construction as will advance the object, suppress the mischief, and secure the benefits intended.[15] It is worthy to note that the three laws (P.D. No. 1315, P.D. No. 1472 and R.A. No. 7279) have a common objective â"€ to address the housing problems of the country by establishing a comprehensive urban development and housing program for the homeless. For this reason, the need to harmonize these laws all the more becomes imperative. Hence, in construing the three laws together, we arrive at a conclusion that demolition and eviction may be validly carried out even without a judicial order in certain instances, to wit: (1) when the property involved is an expropriated property in Bagong Barrio, Caloocan City pursuant to Section 1 of P.D. No. 1315, | |||||
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2004-11-25 |
CHICO-NAZARIO, J. |
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| In Intia, Jr. v. Commission on Audit,[18] the Court held that although the charter[19] of the Philippine Postal Corporation (PPC) grants it the power to fix the compensation and benefits of its employees and exempts PPC from the coverage of the rules and regulations of the Compensation and Position Classification Office, by virtue of Section 6 of P.D. No. 1597, the compensation system established by the PPC is, nonetheless, subject to the review of the DBM. This Court intoned:It should be emphasized that the review by the DBM of any PPC resolution affecting the compensation structure of its personnel should not be interpreted to mean that the DBM can dictate upon the PPC Board of Directors and deprive the latter of its discretion on the matter. Rather, the DBM's function is merely to ensure that the action taken by the Board of Directors complies with the requirements of the law, specifically, that PPC's compensation system "conforms as closely as possible with that provided for under R.A. No. 6758." (Emphasis supplied.) | |||||