Bagatsing V Ramirez G.R. No. L-41631 December 17, 1976: Each Proposed Ordinance Shall Be Published in

BAGATSING v RAMIREZ two other conspicuous places within the
territorial jurisdiction of the local government.

G.R. No. L-41631 December 17, 1976
In either case, copies of all provincial, city,
Qualification of the rule (page 388) municipal and barrio ordinances shall be
furnished the treasurers of the respective
component and mother units of a local
On June 12, 1974, the Municipal Board of Manila government for dissemination.
enacted Ordinance No. 7522, "AN ORDINANCE
REGULATING THE OPERATION OF PUBLIC MARKETS AND There is no question that the Revised Charter of the City
PRESCRIBING FEES FOR THE RENTALS OF STALLS AND of Manila is a special act since it relates only to the City
PROVIDING PENALTIES FOR VIOLATION THEREOF AND of Manila, whereas the Local Tax Code is a general law
FOR OTHER PURPOSES." The petitioner City Mayor, because it applies universally to all local governments.
Ramon D. Bagatsing, approved the ordinance on June The fact that one is special and the other general
15, 1974. creates a presumption that the special is to be
considered as remaining an exception of the general,
On February 17, 1975, respondent Federation of Manila one as a general law of the land, the other as the law of
Market Vendors, Inc. commenced Civil Case 96787 a particular case. 2 However, the rule readily yields to a
before the Court of First Instance of Manila presided situation where the special statute refers to a subject
over by respondent Judge, seeking the declaration of in general, which the general statute treats
nullity of Ordinance No. 7522 for the reason that (a) the in particular. The exactly is the circumstance obtaining
publication requirement under the Revised Charter of in the case at bar. Section 17 of the Revised Charter of
the City of Manila has not been complied with; (b) the the City of Manila speaks of "ordinance" in general, i.e.,
Market Committee was not given any participation in irrespective of the nature and scope thereof, whereas,
the enactment of the ordinance, as envisioned by Section 43 of the Local Tax Code relates to "ordinances
Republic Act 6039; (c) Section 3 (e) of the Anti-Graft and levying or imposing taxes, fees or other charges" in
Corrupt Practices Act has been violated; and (d) the particular. In regard, therefore, to ordinances in
ordinance would violate Presidential Decree No. 7 of general, the Revised Charter of the City of Manila is
September 30, 1972 prescribing the collection of fees doubtless dominant, but, that dominant force loses its
and charges on livestock and animal products. continuity when it approaches the realm of "ordinances
levying or imposing taxes, fees or other charges" in
ISSUE: WON general law prevails over special law in the
particular. There, the Local Tax Code controls. Here, as
event of repugnancy or conflict between the two laws.
always, a general provision must give way to a particular
The nexus of the present controversy is the apparent provision. 3 Special provision governs. 4 This is especially
conflict between the Revised Charter of the City of true where the law containing the particular provision
Manila and the Local Tax Code on the manner of was enacted later than the one containing the general
publishing a tax ordinance enacted by the Municipal provision. The City Charter of Manila was promulgated
Board of Manila. For, while Section 17 of the Revised on June 18, 1949 as against the Local Tax Code which
Charter provides: was decreed on June 1, 1973. The law-making power
cannot be said to have intended the establishment of
Each proposed ordinance shall be published in
conflicting and hostile systems upon the same subject,
two daily newspapers of general circulation in
or to leave in force provisions of a prior law by which
the city, and shall not be discussed or enacted
the new will of the legislating power may be thwarted
by the Board until after the third day following
and overthrown. Such a result would render legislation
such publication. * * * Each approved
a useless and Idle ceremony, and subject the law to the
ordinance * * * shall be published in two daily
reproach of uncertainty and unintelligibility.
newspapers of general circulation in the city,
within ten days after its approval; and shall take In other words, the dispute is sharply focused on the
effect and be in force on and after the twentieth applicability of the Revised City Charter or the Local Tax
day following its publication, if no date is fixed Code on the point at issue, and not on the legality of the
in the ordinance. imposition of the tax. Exhaustion of administrative
remedies before resort to judicial bodies is not an
Section 43 of the Local Tax Code directs:
absolute rule. It admits of exceptions. Where the
Within ten days after their approval, certified question litigated upon is purely a legal one, the rule
true copies of all provincial, city, municipal and does not apply. 11 The principle may also be disregarded
barrio ordinances levying or imposing taxes, when it does not provide a plain, speedy and adequate
fees or other charges shall be published for remedy. It may and should be relaxed when its
three consecutive days in a newspaper or application may cause great and irreparable damage. 12
publication widely circulated within the
ACCORDINGLY, the decision of the court below is
jurisdiction of the local government, or posted
hereby reversed and set aside. Ordinance No. 7522 of
in the local legislative hall or premises and in
the City of Manila, dated June 15, 1975, is hereby held
to have been validly enacted. No. costs.

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Bagatsing V Ramirez G.R. No. L-41631 December 17, 1976: Each Proposed Ordinance Shall Be Published in

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BAGATSING v RAMIREZ two other conspicuous places within the

territorial jurisdiction of the local government.

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