JUAN AUGUSTO B. PRIMICIAS, plaintiff-appellee, vs.

THE MUNICIPALITY OF URDANETA, PANGASINAN, ET AL.

G.R. No. L-26702, October 18, 1979
DE CASTRO, J.:

FACTS:
Petitioner, while driving his car in the jurisdiction of Urdaneta was charged with violation
of Ordinance No. 3, Series of 1964, particularly, for overtaking a truck”.
Petitioner initiated an action for annulment of said ordinance and prayed for the issuance
of preliminary injunction for restraining Respondent from enforcing the said ordinance.

ISSUE:
W/N Ordinance No. 3, Series of 1964, by the Municipality of Urdaneta, Pangasinan is
valid.

HELD:
No. Ordinance No. 3 is said to be patterned after and based on Section 53 of Act No.
3992.
However, Act No. 3992 has been explicitly repealed by RA No. 4136 or The Land and
Transportation Code. By this express repeal, the general rule is that a later law prevails over an
earlier law. Also, an essential requisite for a valid ordinance is that it “must not contravene ... the
statute” for it is fundamental principle that municipal ordinances are inferior in status and
subordinate to the laws of the state.