Art. 7 Chapter I of the Civil Code of the Philippines

ART.7. Laws are repealed only by subsequent ones, and their violation or non-observance shall not be excused by disuse, or custom or practice to the country.   

 

 

 

 

 source: monlawseng.com

 

 

 

               

When the courts declare a law to be inconsistent with the Constitution, the former shall be void and the latter shall govern.

            Administrative or executive acts, orders and regulations shall be valid only when they are not contrary to the laws or the Constitution.

 

DISCUSSION:

(1)  Sources of Law

                        In general, the sources of law are given in this Article, and in the order of preference, they are:

               Constitution laws, administrative or executive acts, orders, and regulations.

(2)  How Laws Are Repealed

(a)Expressly

(b) Or implied (insofar as there are inconsistencies between a prior and subsequent law)

              (3) Rule for general laws

                         in case of conflicts between a general and a special law, which should prevail?

(a)  If the general law was enacted prior to the special law, the latter is considered the exception to the general law.

(b)  if the general law was enacted after the special law, the special law remain unless,

              (4) Lapse of law

              Laws may lapse that is, end by itself in view of the expiration of the period during which it was supposed to be effective without the necessity of any repeal as exemplified by the law granting the president, emergency power.

Problem: a committed an offense, but before the time of trial, the offense was no longer considered an offense by the law.

              Supremacy of the constitution

              According to the code commission, the last in art 7 assert the supremacy of the law and the constitution over administration or executive acts. Though this is an undisputed theory, it is wise to formulate it as a clear-cut legal provision by way of a constant reminder to not a few public officials. The disregard of this principle is one of the main sources of abuse of power by administrative official. it must be stated however that generally, rules and regulation are imperative because congress cannot conceivably provide for all necessary details in the enforcement of a particular law.