Aug 27, 2009

Statutory Construction- Laxamana vs. Baltazar

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


Case of Jose Laxamana vs. Jose T. Baltazar
No. L-5955 19September1952

FACTS OF THE CASE:
July 1952 the mayor of Saxmoan Pampanga was suspended the vice-mayor Jose T. Baltazar, assumed office as mayor by virtue of sec. 2195 of the Revised Administrative Code. However the Provincial Governor acting under the Revised Election Code sec 21(a) with the consent of the Provincial Board appointed Jose L. Laxamana as mayor of Saxmoan, who immediately took the corresponding official oath.

ISSUES OF THE CASE:


If the provision in the revised administrative was repealed by the subsequent provision of the Revised election code.

In the revised administrative code it explicitly says that in the absence of the municipal president the vice-president should take its place.
Even after the enactment of the Revised Election Code the Dep't of the Interior and the ofc of the executive secretary have consistently held that in the case of suspension or other temporary disability shall by operation of the law assume the office of mayor.

HELD:

THE COURT DISMISSED THE QUO WARRANTO PETITION OF LAXAMANA

STATUTORY CONSTRUCTION LESSON:

Where one statute deals with a subject in general terms and another deals with the same subject in a more detailed way, the two shall be harmonized if possible but if there be any conflict the latter will prevail (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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