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AllBar 2024CIVIL LAWI. EFFECT AND APPLICATION OF LAWSF. Repeal of Laws (Civil Code, Art. 7)

Question

Subject: Effect and Application of Laws

Scenario:

John is a resident of Barangay Happyville. He recently received a notice from the Barangay Council that a new ordinance has been passed, prohibiting the use of single-use plastics in the barangay. John has been using single-use plastics for his daily activities and is unsure about the implications of this new ordinance.

Based on Civil Code, Article 7 which states that "Laws are repealed only by subsequent ones, and their violation or non-observance shall not be excused by disuse, or custom or practice to the contrary."

Question:

  1. Explain the concept of repeal of laws as stipulated in Civil Code, Article 7.
  2. Discuss the effect of the new barangay ordinance on John's use of single-use plastics.
  3. In case of conflict between a barangay ordinance and a national law regarding the prohibition of single-use plastics, which will prevail and why?



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