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

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If the provision in the revised administrative was repealed by the subsequent provision of the Revised election code.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