Primicias v.

Municipality of Urdaneta
Case No. 244
G.R. No. L-26702 (October 18, 1979)
Chapter I, Page 4, Footnote No.14

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No. 3992 has been explicitly repealed by RA No. 4136 (The Land and Transportation Code).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.