GIA TIAMSON

Repealing
Clause
What is a It is a part of the statute which
identifies the prior statutes or parts
repealing thereof which are deemed repealed or
abrogated by reason of the enactment
clause? of the new statute.
Repealing clause may be:
EXPRESS
specifically identifies the
prior statute or the
provision of a prior
statute which the new
statute repeals
IMPLIED
if the statute does not expressly
repeal a prior statute, the former
could impliedly repeal the latter
if their provisions are
inconsistent.
FIRST
the provisions of the two acts on
the same subject matter are
irreconcilably contradictory , the
latter act to the extent of the
conflict constitutes an implied
repeal of the earlier statute.
SECOND
if the latter statute covers the
whole subject matter of the
earlier one and is clearly
intended to be a substitute.

Two Kinds of Implied

Repeals
 Repealing OFTEN FOUND IN STATUTES, STATES

Clause
THAT ALL LAWS, DECREES, ORDERS,

RULES AND REGULATIONS OR

PORTIONS THEREOF, INCONSISTENT

"the failure to to add a specific repealing WITH THE NEW LAW ARE REPEALED

clause indicates that the intent was not AND MODIFIED ACCORDINGLY, IS IN

to repeal any existing law, unless an THE NATURE OF A GENERAL

irreconcilable inconsistency and REPEALING CLAUSE, WHICH

repugnancy exist in terms of the new PREDICATES THE INTENDED REPEAL

and old laws" UNDER THE CONDITION THAT A

SUBSTANTIAL CONFLICT MUST BE

Social Justice Society, et al. v. Atenza, G.R. No. FOUND IN EXISTING AND PRIOR

156052, 13 February 2008. ENACTMENTS.

 CURRENT RULE:

IMPLIED REPEALS ARE NOT FAVORED AND A

STATUTE WILL NOT BE CONSIDERED AS

REPEALING A PREVIOUS STATUTE BY

IMPLICATION UNLESS THE LEGISLATIVE INTENT

IS MANIFEST.
SOCIAL JUSTICE SOCIETY, ET AL. V. ATENZA, G.R. NO. 156052, 13 FEBRUARY 2008.
"as statutes and ordinances are presumed to be passed only
after careful deliberation and with knowledge of all existing
ones on the subject, it follows that, in passing a law, the
legislature did not intend to interfere with or abrogate a
former law relating to same subject matter. If the intent to
repeal is not clear, the later act should be construed as a
continuation of, and not a substitute for, the earlier act"

Social Justice Society, et al. v. Atenza, G.R. No. 156052, 13 February 2008.
 Sample:

Saving Clause
a clause in a statute exempting
something from the statute's
coverage or operation