Philippine Bar review · Question

Practice question: Repeal and Nullification of Laws; Operative Fact Doctrine

Multiple Choice Medium

Practice question

Two statutes regulate different aspects of the same activity and can reasonably operate together. A litigant claims the later enactment necessarily repealed the earlier one simply because it is newer. Which is correct?
  1. Mere later enactment is insufficient; the provisions should be harmonized when reasonably possible
  2. Every later statute wipes out all prior regulation
  3. All older laws become unconstitutional automatically
  4. Only a private industry body may decide
  5. The earlier law prevails even if an express repeal says otherwise

Legal references

  • https://lawphil.net/statutes/repacts/ra1949/ra_386_1949.html — Civil Code, Article 7
  • https://lawphil.net/judjuris/juri2007/aug2007/gr_162155_2007.html — CIR v. Primetown Property Group, Inc., G.R. No. 162155, August 28, 2007, repeal by irreconcilable inconsistency
  • https://lawphil.net/judjuris/juri2024/jun2024/gr_260458_2024.html — Hagedorn v. COA, G.R. No. 260458, June 4, 2024, main opinion, qualified operative fact doctrine

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