This case has been cited 2 times or more.
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2011-07-06 |
VILLARAMA, JR., J. |
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| [30] Secretary of Finance v. Ilarde, G.R. No. 121782, May 9, 2005, 458 SCRA 218, 233, citing Recaña, Jr. v. Court of Appeals, G.R. No. 123850, January 5, 2001, 349 SCRA 24, 33. | |||||
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2008-09-17 |
LEONARDO-DE CASTRO, J. |
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| Repeal of laws should be made clear and expressed. Repeals by implication are not favored as laws are presumed to be passed with deliberation and full knowledge of all laws existing on the subject. Such repeals are not favored for a law cannot be deemed repealed unless it is clearly manifest that the legislature so intended it. 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.[13] Likewise, in another case, it was held: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: | |||||