CASE DIGESTS

(Persons and Family Relations)

*This case was argued on the grounds of Article 7 or the repealing of the laws.

Case No. 17 (G.R. No. L-19628)

Dated 4th of December 1922
LICHAUCO v.s. APOSTOL
Facts of the Case:
Petitioner, a corporation properly organized under the Philippine Laws, was long
been engaged in teh business of importing Carabao and other draft animals,and was
wanting to import from Phnom-Pehn, a shipment of draft and bovine cattle for the
manufacture of serum.
However, respondent Director of Agriculture refused to admit said cattle except on
the condition that draft animals should be immunized. Petitioner however argued that
the respondents has no authority over the matter, invoking section 1762 of the
Administrative Code, as amended by Act No. 3052.
On the other hand, relying upon section 1770 of the Administrative Code, Admin.
Order 21 of the Bureau of Agriculture, and Dept. Order No. 6 of the Secretary of the
Agriculture and Natural Resources, respondent maintained its decision. Hence, the issue.

Issue
WON section 1770 (and other similar acts) has been repealed by implication, by Act
3052 and hence cannot be applied at the case at bar.

Held:
No. The Court ruled that the argument of the petitioner is untenable for the reason
that the invoked section 1762, as amended, is obviously of a general nature while while
1770 is a particular one. Section 1770 is therefore not inconsistent with section 1762 and
instead be considered a special qualification of the latter provision.
Moreover, the court emphasized that “specific legislation upon a particular subject is
not affected by a general law upon a same subject unless it clearly appears that the
provision of the two laws are so incompatible ... The special act and the general law
must stand together, the one as the law of the particular subject and the other as the
general law of the land.”
Therefore section 1770 of the Administrative Code remains in effect and serves as a
supplementary provision to section 1762, as amended.