Chapter 10
Amendment, Revision,
Codification and Repeal
University of the Cordilleras
College of Law
JD 1B - Statutory Construction
November 27, 2019
AMENDMENT
Power to Amend
Legislature
x Supreme Court
AMENDMENT
How Amendment Effected
• By modification, deletion, alteration
• By enactment of amendatory act
• Expressly or impliedly
AMENDMENT
How Amendment Effected
• Express amendment
• Implied amendment
AMENDMENT
Quimpo vs. Mendoza
• The penalty provision of the earlier statute
is modified by implication that the penalty
for late payment of an installment under the
later law will be collected and computed
only on the installment that became due and
unpaid, and not on the whole amount of
annual tax as provided in the old statute.
AMENDMENT
People v. Macatanda
• A statute punishing an act which is
also a crime under the RPC provides
a penalty as prescribed in the said
Code, such statute is not a special
law but an amendment by
implication.
AMENDMENT
When Amendment Takes Effect
AMENDMENT
How Amendment is Construed
• Amended act is regarded as if
the statute has been originally
enacted in it amended form.
AMENDMENT
Estrada v. Caseda
• Where a statute which provides that it shall
be in force for a period of four years after
its approval, the four years is to be counted
from the date the original statute was
approved and not from the date the
amendatory act was amended.
AMENDMENT
Effectof Amendment on:
Vested Rights
Jurisdiction
Effect
of nullity of prior or
amendatory act
REVISION AND CODIFICATION
Revision – an act of revising
Codification – an action or process of
arranging laws according to a system
of plan
REVISION AND CODIFICATION
Purpose
• To restate the existing laws into one
statute and complicated provisions
• To make the laws on the subject
easily found
REVISION AND CODIFICATION
Construction to harmonize different
provisions
Presumption: The intention of the author is to
maintain consisted philosophy or position,
therefor the difference provisions of a revised
statute or code should be construed together.
REVISION AND CODIFICATION
Construction to harmonize different
provisions
Rule:A code, enacted as a single,
comprehensive statute is to be construed as
such and not as a series of disconnected articles
or provisions.
REVISION AND CODIFICATION
Construction to harmonize
different provisions
Example: P.D. No. 1464, A Decree to Consolidate
and Codify all the Tariff and Customs
Laws of the Philippines
REVISION AND CODIFICATION
What is omitted is deemed
repealed
Exception: Unless otherwise provided
REVISION AND CODIFICATION
What is omitted is deemed
repealed
Reason:To abrogate provisions of the old laws
not reproduced in the revised statute or code
REVISION AND CODIFICATION
What is omitted is deemed
repealed
Rule:
The subsequent statute is deemed to
repeal a prior law if the former revises the
whole subject matter of the former statute
REVISION AND CODIFICATION
Categories of repeal by implication
1. Provisions in the two acts on the same subject
matter are in irreconcilable conflict.
Example: RPC, Art. 12 pars. 2 and 3 – exempting
circumstance of minority, repealed by R.A.
No. 9344
REVISION AND CODIFICATION
Categories of repeal by implication
2. If latter act covers the whole subject of the earlier
one and is clearly intended as a statute, it will
operate to repeal the earlier law.
Example: Spouses Nereo and Nieva Delfino vs.
St. James Hospital Inc. (G.R. No. 166735)
REVISION AND CODIFICATION
Change in Phraseology
Rule:Neither an alteration in phraseology nor
the admission or addition of words in the latter
statute shall be held necessarily to alter the
construction of the former acts
REVISION AND CODIFICATION
Change in Phraseology
Example: Commissioner of Customs vs. CTA,
G.R. No. 48886-88
REVISION AND CODIFICATION
Continuation of existing laws
A codification should be construed as a
continuation of the existing statutes.
REVISION AND CODIFICATION
Continuation of existing laws
Example: Mecano vs. Commission on Audit,
G.R. No. 103982
