Repeal of laws; two kinds

"Art. 7. Laws are repealed only by subsequent ones, and their violation or non-observance shall not be excused by disuse, or custom or practice to the contrary. When the courts declared 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." (New Civil Code of the Philippines)

According to Tolentino, there are two (2) kinds of repeal of laws: express repeal and implied repeal. Express or declared repeal means that the repeal is contained in a special provision of a subsequent law. Implied or tacit repeal takes place when the provisions of the subsequent law are incompatible or inconsistent with those of an earlier law.

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. (G.R. No. 137174)

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 aas to form a uniform system of jurisprudence. The fundamental principle 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. (G.R. No. 108072)

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