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

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Question

Subject: Effect and Application of Laws

Scenario:

John, a resident of the Philippines, has been charged with a violation of a specific city ordinance prohibiting the use of fireworks within the city limits. The ordinance was enacted on January 1, 2010 and was implemented strictly by the local government.

On January 1, 2021, the national government passed a law that repealed all city ordinances related to the use of fireworks. The new law explicitly stated that all existing city ordinances on this matter are hereby revoked and declared null and void.

  1. What is the effect of the new law on John's case? Explain.
  2. If the violation occurred on December 31, 2020, a day before the new law was enacted, would the repeal of city ordinances still apply? Discuss.
  3. Assuming that the city ordinance on the use of fireworks is not repealed and remains in effect, can John still be held liable for violating it? Why or why not?

Answer

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