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Express and Implied Repeals PDF
Express and Implied Repeals PDF
Based on the above-mentioned provision of the Code, a law may only be repealed
by a succeeding law. But there are instances where a succeeding law does not necessarily
state that it repeals an existing law. How then would we know that the subsequent law
indeed repealed a former law?
There are two kinds of repeal. A repeal may either be express or implied.
An express repeal is one where it literally states that it repeals a certain provision
or section of a law or the whole statute itself. On the other hand, an implied repeal is one
where a subsequent law is irreconcilable with a first law. Implied repeals do not
specifically state that they repeal a certain provision or section of a law or a statute itself.
In a long line of cases, the Courts have clearly delineated the line on the
difference of express and implied repeals.
These cases have clearly provided us that repeals are not only specifically stated
in a subsequent law. They may also be by implication only. Although repeals by
implication are disfavored, they are still considered when the subsequently enacted
statute is inconsistent and repugnant as to be irreconcilable with an earlier law. So even
if the subsequent law does not mention of any repeal to an already existing law, if it is
inconsistent and repugnant that it may not be reconciled with an earlier law, it is
deemed and can be considered a repeal of that earlier law.