Aug 27, 2009

Statutory Construction- Baga vs. Philippine National Bank

STATUTORY CONSTRUCTION- WITH REGARD TO AN ISSUE OF A PARTICULAR STATUTE BEING PARAMOUNT OVER A GENERAL STATUTE IN CASE OF CONFLICT


Case of Petronila Baga vs. Philippine National Bank
No. L-9695 10September1956

FACTS OF THE CASE:
In JUNE 1953 PNB was appointed upon petition of the U.S.V.A as guardian to the estate of the minor Baga. 4 months after, Baga filed a petition stating that after marrying Garcia she is now emancipated under the New Civil Code, and that her emancipation has an effect of terminating her guardianship, and then would enable her to administer her own property under art 399 of the code.

ISSUES OF THE CASE:

Whether the lower correctly held that art 399 of the New Civil Code modified or supplemented sec 28 of the Veterans guardianship act.

The emancipation provisions in the code into the cases provided for by sec 23 of the R.A. 390 would result in its discordance with the model legislation and violate the legislative intent.
R.A. 390 being a special law limited in its operation to money benefits from Veteran's Acts, must control as against the provisions of the the New Civil Code which is a general statute.

HELD:

THE COURT REVERSED THE LOWER COURT'S DECISION. (EMANCIPATION BY MARRIAGE DOES NOT TERMINATE A MINOR'S GUARDIANSHIP CONSTITUTED UNDER R.A. 390)

STATUTORY CONSTRUCTION LESSON:

Repeals by implication are not favored, a special law must be taken as intended to constitute an exception to the general law, in the absence of special circumstances forcing a contrary conclusion.(When a general and a particular provision are inconsistent the latter is paramount to the former)
I hope this helps.

Jeff David

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