Amendment, Revision, Codification and Repeal

1. AMENDMENT Modifies only certain provisions of a statute, never as a

whole.
1.1Definition: Change or modification by ADDITION, DELETION, OR
ALTERATION of a statute which survives in its amended form.
1.2Amendment by Implication Only when irreconcilable.
1.2.1 Never presumed, nor favored.
1.2.2 Where 2 statutes may face the similar subject, but certain
provisions differ. If such difference is IRRECONCILEABLE then the
later statute prevails. If they are RECONCILEABLE, then both
statutes should co-exist without the later statute amending the
former.
1.2.3 Amending statute should be compared differently from the earlier
statute. It is presumed legislature amended certain provisions to
change its meaning.
1.3When amendments take effect: FIFTEEN DAYS following its publication in
the Official Gazette or in a newspaper of general circulation, UNLESS a
date is SPECIFIED.
1.4How to construe: Should be read together as a whole. An amended act is
regarded as if the statute has been originally enacted in its amended
form. The amended provision should be harmonized with the other
provisions.
1.5Provisions in the original act which are unaffected by the amendment shall
remain in force
1.6Provisions which were omitted in the amended statute are deemed
intentionally omitted.
1.7Amendment operates PROSPECTIVELY, unless contrary is provided.
1.7.1 Reason: As to not impair obligations of contract and vested rights.
1.7.2 Retroactivity must always be EXPRESSED. If it is not expressed,
then it is prospective.
1.8Amendment on JURISDICTION:
1.8.1 GENERAL RULE:
Once a court acquires jurisdiction to try cases determined by the
LAW IN FORCE AT THE TIME the action was filed, that jurisdiction
remains with the court until the case is DECIDED. Jurisdiction will
not be overturned or impaired by a subsequent amendment of the
law, unless it was EXPRESSED specifically by legislature.
2. REVISION AND CODIFICATION A change or a set of changes that intends
to CORRECT or improve something; to organize.
2.1PURPOSE: To restate the existing laws into one statute, to simplify
complicated provisions and make the laws on the subject easily found.
2.2PROCESS: Some new provisions are inserted, some old provisions are
omitted, the phraseology is changed and sections are rearranged.
2.3PRESUMPTION: The author has maintained a consistent philosophy or
position. Each provision must be read and construed together.

2.4GENERAL RULE: A code is enacted as a single, comprehensive statute not

as a series of disconnected provisions.
2.5In case of conflict: (1) that which is best in accord with the general plans
of legislature will prevail OR (2) the later statute being that it is the latest
expression of legislative will.
2.6What is OMITTED is deemed REPEALED, unless otherwise provided.
2.7Change in phraseology does not imply that legislature intended to amend
or change the construction of the old laws.
2.8CODIFICATION: should be construed as a continuation of the existing
statutes. Rearrangement of sections or parts of a statute does not mean a
change in its operation, effect or meaning.
3. REPEAL To officially make an old law invalid.
3.1Legislature cannot pass IRREPEALABLE laws. Hence, all laws are
REPEALABLE.
3.2Repeal is TOTAL or PARTIAL; EXPRESSED OR IMPLIED.
3.2.1 Total The former statute is revoked completely.
3.2.2 Partial Leaves the unaffected portions of the statute in force.
3.2.3 Express Repeal is declared in a statutes REPEALING CLAUSE.
3.2.4 Implied If the repeal is not found in the statutes repealing clause,
then it will be assumed to be implied. HOWEVER, failure to add a
specific repealing clause cannot be assumed that legislature
intended to repeal the existing law.
3.2.5 Implied repeal can only be invoked if there is an irreconcilable
inconsistency and repugnancy in the terms of the new and old law.
3.3Repeal by Implication - Must be solely based on legislative intent. This
cannot be given effect if there is insufficient revelation of the legislative
intent to repeal.
3.4An implied repeal is usually applied when two statutes have similar
subjects, but certain provisions are contrary to one another. One cannot
exist with the other.
3.5Implied repeal by REVISION OR CODIFICATION: Whatever is
embraced in the new statute shall prevail and whatever is excluded
therefrom shall be discarded.
3.5.1 Example of IMPLIED REPEAL: If a new statute is enacted, and it
covers the same provisions of the former law, but is more updated
and has added provisions, it can be assumed that legislative
IMPLIEDLY repealed the former law.
3.6Repeal by REENACTMENT: Where a statute is a reenactment of the
whole subject in substitution of the previous laws on the matter, then the
former statute will disappear or cease to operate. Whatever is omitted in
the reenacted law is deemed repealed.
3.7Other forms of implied repeal: Most powerful implication of repeal is
when the later of two laws is expressed in the form of a UNIVERSAL
NEGATIVE.

3.7.1 A negative statute repeals all conflicting provisions.

3.8As between two laws, the one passed later prevails
3.8.1 Reason: Latest expression of legislative will.
3.9General Law does not repeal special law, generally.
3.9.1 Reason: Legislature considers and makes provisions for all the
circumstances of the particular case. Special laws are more
pinpointed to certain issues, whereas general laws are broad in
application.
3.9.2 If general law is repugnant with the special law, the special law
shall serve as an exception to the general laws provisions. General
law yields to special law.
3.9.3 When general or special law repeal each other:
(1) Later special law is inconsistent with a prior general law with
regard to a similar subject; a partial repeal of the prior general
law will be implied. The special law will be granted exception
from the prior general law.
(2) A subsequent general law vs. prior special law will depend on
legislative intent. Must be expressed in statute for the general
law to repeal the special law.
3.10 The repeal of law does not undo the consequences of the operation of
the statute while in force, unless otherwise expressed.
3.11 General rule on JURISDICTION:
3.11.1Jurisdiction to try and decide actions is determined by the law in
force at the time the action is filed.
3.11.2Repeal cannot deprive the court of the authority to act on the
pending action and to decide it.
3.11.3JURISDICTION ON CRIMINAL CASES is determined by the law
in force at the time the action is instituted.
3.11.4ON PENDING ACTIONS - Generally, the repeal of a statute defeats
all actions and proceedings. Hence in reviewing a judgment on
appeal, the appellate court will apply the new law prevailing at the
time of disposition and NOT according to the law prevailing at the
time of rendition of the appealed judgment. HENCE, REPEALED LAW
WILL GOVERN IN CASES OF APPEAL.
3.11.5ON VESTED RIGHTS: The repeal of a statute does not destroy nor
impair rights that accrued and became vested under the statute
before its repeal. Repeal must not affect the vested rights of an
individual.
3.11.6ON CONTRACTS: The repeal or amendment of said law will not
affect the terms of the contract, nor impair the right of the parties
thereunder.
3.11.7ON TAX LAWS: The repeal of tax laws does not preclude (prevent)
the collection of taxes assessed under the old law, UNLESS the
contrary is provided. Generally, prospective in nature so as not to
affect past transactions.

3.12 Repeal and Reenactment, effect of.

3.12.1The simultaneous REPEAL AND REENACTMENT of a statute does not
affect the rights and liabilities which have accrued under the
original statute, since the reenactment NEUTRALIZES the repeal and
CONTINUES the law in force without interruption.
3.13 Effect of repeal of penal laws
3.13.1Deprives the court of jurisdiction to punish persons with a violation
of the old law prior to its repeal. If a new law declares a criminal act
innocent, then the court cannot punish the accused based on the
prior law declaring such act criminal. -