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Amendment, Revision, Codification and Repeal

This document discusses statutory amendment, revision, codification and repeal. It defines these terms and outlines the following key points: - The legislature has the power to amend statutes, while the Supreme Court cannot amend. Amendments can be express or implied. - When a statute is amended, it is regarded as if enacted in its amended form from the beginning. Revisions are intended to restate existing laws systematically. - What is omitted from a revision or codification is deemed repealed, unless otherwise stated. Revisions are presumed to maintain consistent philosophy across provisions.

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349 views24 pages

Amendment, Revision, Codification and Repeal

This document discusses statutory amendment, revision, codification and repeal. It defines these terms and outlines the following key points: - The legislature has the power to amend statutes, while the Supreme Court cannot amend. Amendments can be express or implied. - When a statute is amended, it is regarded as if enacted in its amended form from the beginning. Revisions are intended to restate existing laws systematically. - What is omitted from a revision or codification is deemed repealed, unless otherwise stated. Revisions are presumed to maintain consistent philosophy across provisions.

Uploaded by

Jude Lein
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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Download as PPTX, PDF, TXT or read online on Scribd
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Chapter 10

Amendment, Revision,
Codification and Repeal
University of the Cordilleras
College of Law
JD 1B - Statutory Construction
November 27, 2019
AMENDMENT

Power to Amend

 Legislature
x Supreme Court
AMENDMENT

How Amendment Effected

• By modification, deletion, alteration


• By enactment of amendatory act
• Expressly or impliedly
AMENDMENT

How Amendment Effected

• Express amendment
• Implied amendment
AMENDMENT
 Quimpo vs. Mendoza

• The penalty provision of the earlier statute


is modified by implication that the penalty
for late payment of an installment under the
later law will be collected and computed
only on the installment that became due and
unpaid, and not on the whole amount of
annual tax as provided in the old statute.
AMENDMENT

People v. Macatanda
• A statute punishing an act which is
also a crime under the RPC provides
a penalty as prescribed in the said
Code, such statute is not a special
law but an amendment by
implication.
AMENDMENT

When Amendment Takes Effect


AMENDMENT

How Amendment is Construed

• Amended act is regarded as if


the statute has been originally
enacted in it amended form.
AMENDMENT
 Estrada v. Caseda

• Where a statute which provides that it shall


be in force for a period of four years after
its approval, the four years is to be counted
from the date the original statute was
approved and not from the date the
amendatory act was amended.
AMENDMENT

Effectof Amendment on:


 Vested Rights
Jurisdiction

Effect
of nullity of prior or
amendatory act
REVISION AND CODIFICATION

Revision – an act of revising

Codification – an action or process of


arranging laws according to a system
of plan
REVISION AND CODIFICATION

Purpose

• To restate the existing laws into one


statute and complicated provisions
• To make the laws on the subject
easily found
REVISION AND CODIFICATION

Construction to harmonize different


provisions
 Presumption: The intention of the author is to
maintain consisted philosophy or position,
therefor the difference provisions of a revised
statute or code should be construed together.
REVISION AND CODIFICATION

Construction to harmonize different


provisions
 Rule:A code, enacted as a single,
comprehensive statute is to be construed as
such and not as a series of disconnected articles
or provisions.
REVISION AND CODIFICATION

Construction to harmonize
different provisions
 Example: P.D. No. 1464, A Decree to Consolidate
and Codify all the Tariff and Customs
Laws of the Philippines
REVISION AND CODIFICATION

What is omitted is deemed


repealed
 Exception: Unless otherwise provided
REVISION AND CODIFICATION

What is omitted is deemed


repealed
 Reason:To abrogate provisions of the old laws
not reproduced in the revised statute or code
REVISION AND CODIFICATION

What is omitted is deemed


repealed
 Rule:
The subsequent statute is deemed to
repeal a prior law if the former revises the
whole subject matter of the former statute
REVISION AND CODIFICATION

Categories of repeal by implication


1. Provisions in the two acts on the same subject
matter are in irreconcilable conflict.

Example: RPC, Art. 12 pars. 2 and 3 – exempting


circumstance of minority, repealed by R.A.
No. 9344
REVISION AND CODIFICATION

Categories of repeal by implication


2. If latter act covers the whole subject of the earlier
one and is clearly intended as a statute, it will
operate to repeal the earlier law.

Example: Spouses Nereo and Nieva Delfino vs.


St. James Hospital Inc. (G.R. No. 166735)
REVISION AND CODIFICATION

Change in Phraseology
 Rule:Neither an alteration in phraseology nor
the admission or addition of words in the latter
statute shall be held necessarily to alter the
construction of the former acts
REVISION AND CODIFICATION

Change in Phraseology
 Example: Commissioner of Customs vs. CTA,
G.R. No. 48886-88
REVISION AND CODIFICATION

Continuation of existing laws


A codification should be construed as a
continuation of the existing statutes.
REVISION AND CODIFICATION

Continuation of existing laws


 Example: Mecano vs. Commission on Audit,
G.R. No. 103982

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