Preliminary Title: Article 7 Flashcards
State Article 7 of the Civil Code of the Philippines?
Laws are repealed only by subsequent ones, and their violation or non-observance shall not be excuse by disuse, or custom, or practice to the contrary.
When the courts declare a law to be inconsistent with the Constitution, the former shall be void and the latter shall govern.
Administrative or executive acts, orders and regulations shall be valid only when they are not contrary to the laws or the Constitution.
What is repeal of a law?
It is the legislative act of abrogating through a subsequent law the effects of a previous statute or portions thereof.
What are the kinds of repeal?
Express or implied.
What is an implied repeal?
It takes place when a new law contains provisions contrary to or inconsistent with those of a former without expressly repealing them.
Are repeals and amendments by implications are favored?
No. Repeals and amendments by implications are not favored.
What is an express repeal?
It is a repeal literally declared by a new law, either in specific terms or in general terms.
In express repeal, what does it mean to be in specific terms?
Where particular laws and provisions are named and identified and declared to be repealed.
In express repeal, what does it mean to be in general terms?
Where a provision in a new law declares all laws and parts of laws inconsistent therewith to be repealed.
What are the requisites of repeal of laws?
(1) Both laws cover the same subject matter
(2) The latter law is in conflict with the earlier law
Is the Constitution the supreme, organic and fundamental law of the land?
Yes.
Can an ordinary statute override a constitutional provision?
No. Statutes should be given a meaning that will not bring them in conflict with the Constitution.
What would happen if there are unconstitutional parts of a statute?
The parts of the statute in conflict will be separated. The rest of the statues aligned with the Constitution will be upheld.
What would happen to the rules and regulations as well as administrative or executive acts that violate the law and the Constitution?
They will be rendered as invalid.
