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Chapter 10
Amendment, Revision, Codification, and Repeal
[4 slides]
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Amendment
 Amendment means the change or modification, by addition, deletion, or
alteration, of a statute which survives in its amended form.

 Express amendment: “to read as follows”

 Implied amendment means a part of a prior statute embracing the same


subject as the later act may be enforced without nully=ifying the
peertinent provision of the latter, in which event, the prior act is
deemed amended or modified to the extent of the repugnancy.

 Effectivity: AFTER 15 days following its publication in the Official


Gazette or newspaper of general circulation, unless a date is specified
therein after such publication.
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Revision or Codification
 Codification: Purpose: To restate the existing laws into one
statute, simplify complicated provisions, and make the laws on the
subject easily found.

 Statutory Rule: Where there is an irreconcilable conflict between


parts of a revised statute or code, that which is best in accord with
the general plan or, in the absence of circumstances upon which to
base a choice, that which is later in physical position, being the
latest expression of legislative will, will prevail.

 Statutory Rule: All parts and provisions of the old laws that are
omitted in the revised statute or code are deemed repealed, unless
the statute or code provides otherwise, expressly or impliedly.
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Repeal
 The Supreme Court has no power to repeal laws. It has the power
to promulgate rules of procedure, it cannot in the exercise of such
power alter, change, or repeal substantive laws.

 Statutory Rule: Repeals of statutes by implication are not favored.

 Statutory Rule: As between tow laws on the same subject matter,


which are irreconcilably inconsistent, that which is passed later
prevails.

 Statutory Rule: When a law which expressly repeals a prior law is


itself repealed, the law first repealed shall not be thereby revived
unless expressly so provided.

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