This case has been cited 2 times or more.
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2010-06-22 |
PEREZ, J. |
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| In the absence of a manifest and specific intent from which the same may be gleaned, moreover, Section 6 of Executive Order No. 756 cannot be construed as an additional alternative to existing general retirement laws and/or an exception to the prohibition against separate or supplementary insurance retirement or pension plans as aforesaid. Aside from the fact that a meaning that does not appear nor is intended or reflected in the very language of the statute cannot be placed therein by construction,[27] petitioner would likewise do well to remember that repeal of laws should be made clear and express. 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,[28] the congruent application of which the courts must generally presume.[29] For this reason, it has been held that the failure to add a specific repealing clause particularly mentioning the statute to be repealed indicates that the intent was not to repeal any existing law on the matter, unless an irreconcilable inconsistency and repugnancy exists in the terms of the new and old laws.[30] | |||||
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2001-08-31 |
MENDOZA, J. |
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| Neither is there any inconsistency between Art. 99 and R.A. No. 6975. Repeals by implication are not favored. To the contrary, every statute must be so interpreted and brought in accord with other laws as to form a uniform system of jurisprudence. Interpretare et concordare leqibus est optimus interpretendi.[91] For there to be an implied repeal, there must be a clear showing of repugnance. The language used in the later statute must be such as to render it irreconcilable with what has been formerly enacted. An inconsistency that falls short of that standard does not suffice.[92] | |||||