Difference Between General Law and Special Law
Legal Notes
Conflict between special and general law
By Judge Gabriel T. Ingles
Cebu Daily News First Posted 11:59:00 10/12/2007 Filed Under: Laws • [pic]Reprint this article • [pic]Send as an e-mail • [pic]Post a comment • [pic] Related Articles • Pelaez gets court relief • Esperon dares coup plotters: Tell truth in court • California bans smoking in cars with child passengers Also in this section • Gestalt • Swerte pa si PB Member Teban • Partnership for better infrastructure • Worthy Tanodbayan • Joavan’s comeuppance • Bulls are back • When deeds speak • In need of creativity • Healing the water • Limiting, not eliminating fat • No idling ordinance a must
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Vinzons-Chato vs. Fortune Tobacco Corporation, G.R. No. 141309, June 19, 2007 -
A general statute is one which embraces a class of subjects or places and does not omit any subject or place naturally belonging to such class. A special statute, as the term is generally understood, is one which relates to particular persons or things of a class or to a particular portion or section of the state only.
A general law and a special law on the same subject are statutes in pari materia and should, accordingly, be read together and harmonized, if possible, with a view to giving effect to both. The rule is that where there are two acts, one of which is special and particular and the other general which, if standing alone, would include the same matter and thus conflict with the special act, the special law must prevail since it evinces the legislative intent more clearly than that of a general statute and must not be taken as intended to affect the more particular and specific provisions of the earlier act, unless it is absolutely necessary so to construe it in order to give its words any meaning at all.
The circumstance that the special law is passed before or after the general act does not
Conflict between special and general law
By Judge Gabriel T. Ingles
Cebu Daily News First Posted 11:59:00 10/12/2007 Filed Under: Laws • [pic]Reprint this article • [pic]Send as an e-mail • [pic]Post a comment • [pic] Related Articles • Pelaez gets court relief • Esperon dares coup plotters: Tell truth in court • California bans smoking in cars with child passengers Also in this section • Gestalt • Swerte pa si PB Member Teban • Partnership for better infrastructure • Worthy Tanodbayan • Joavan’s comeuppance • Bulls are back • When deeds speak • In need of creativity • Healing the water • Limiting, not eliminating fat • No idling ordinance a must
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Vinzons-Chato vs. Fortune Tobacco Corporation, G.R. No. 141309, June 19, 2007 -
A general statute is one which embraces a class of subjects or places and does not omit any subject or place naturally belonging to such class. A special statute, as the term is generally understood, is one which relates to particular persons or things of a class or to a particular portion or section of the state only.
A general law and a special law on the same subject are statutes in pari materia and should, accordingly, be read together and harmonized, if possible, with a view to giving effect to both. The rule is that where there are two acts, one of which is special and particular and the other general which, if standing alone, would include the same matter and thus conflict with the special act, the special law must prevail since it evinces the legislative intent more clearly than that of a general statute and must not be taken as intended to affect the more particular and specific provisions of the earlier act, unless it is absolutely necessary so to construe it in order to give its words any meaning at all.
The circumstance that the special law is passed before or after the general act does not