This case has been cited 4 times or more.
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2012-06-19 |
BRION, J. |
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| Second, the circumstance that this is the respondent's first administrative offense should not benefit him. By the express terms of Section 52, Rule IV of the Uniform Rules, the commission of an administrative offense classified as a serious offense (like dishonesty) is punishable by dismissal from the service even for the first time. In other words, the clear language of Section 52, Rule IV does not consider a first-time offender as a mitigating circumstance. Likewise, under statutory construction principles, a special provision prevails over a general provision.[16] Section 53, Rule IV of the Uniform Rules, a general provision relating to the appreciation of mitigating, aggravating or alternative circumstances, must thus yield to the provision of Section 52, Rule IV of the Uniform Rules which expressly provides for the penalty of dismissal even for the first commission of the offense. | |||||
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2010-08-03 |
PERALTA, J. |
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| A general statute is one which embraces a class of subjects or places and does not omit any subject or place naturally belonging to such class. A special statute, as the term is generally understood, is one which relates to particular persons or things of a class or to a particular portion or section of the state only.[14] In the present case, R.A. No. 7160 is to be construed as a general law, while City OrdinanceNo. SP-91, S-93 is a special law, having emanated only from R.A. No. 7160 and with limited territorial application in Quezon City only. | |||||
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2010-07-29 |
VELASCO JR., J. |
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| Second, EO 202, creating the LTRFB, is a special law, thus enjoying primacy over a conflicting general, anterior law, such as BP 129. In Vinzons-Chato v. Fortune Tobacco Corporation,[23] the Court elucidated on this issue in this wise: A general law and a special law on the same subject are statutes in pari materia and should, accordingly, be read together and harmonized, if possible, with a view to giving effect to both. The rule is that where there are two acts, one of which is special and particular and the other general which, if standing alone, would include the same matter and thus conflict with the special act, the special law must prevail since it evinces the legislative intent more clearly than that of a general statute and must not be taken 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. (Emphasis supplied.) | |||||
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2010-03-05 |
VELASCO JR., J. |
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| We have held that a general law and a special law on the same subject are statutes in pari materia and should be read together and harmonized, if possible, with a view to giving effect to both.[32] In the instant case, we apply the principle generalia specialibus non derogant. A general law does not nullify a special law. The general law will yield to the special law in the specific and particular subject embraced in the latter.[33] We must read and construe BP 129 and PD 1083 together, then by taking PD 1083 as an exception to the general law to reconcile the two laws. This is so since the legislature has not made any express repeal or modification of PD 1083, and it is well-settled that repeals of statutes by implication are not favored.[34] Implied repeals will not be declared unless the intent of the legislators is manifest. Laws are assumed to be passed only after careful deliberation and with knowledge of all existing ones on the subject, and it follows that the legislature did not intend to interfere with or abrogate a former law relating to the same subject matter.[35] | |||||