Primicias v. Municipality of Urdaneta G.R. No. L-26702 (October 18, 1979)

Primicias v. Municipality of Urdaneta

G.R. No. L-26702 (October 18, 1979)

FACTS:

Petitioner, while driving his car in the jurisdiction of Urdaneta, was charged with violation of Ordinance No. 3, Series of 1964, “particularly, for overtaking a truck”. Petitioner initiated an action for annulment of said ordinance and prayed for the issuance of preliminary injunction for restraining Respondent from enforcing the said ordinance.

ISSUE:

W/N Ordinance No. 3, Series of 1964, by the Municipality of Urdaneta, Pangasinan is valid.

HELD:

No. Ordinance No. 3 is said to be patterned after and based on Section 53 of Act No. 3992. However, Act No. 3992 has been explicitly repealed by RA No. 4136 (The Land and Transportation Code). By this express repeal, the general rule is that a later law prevails over an earlier law. Also, an essential requisite for a valid ordinance is that it “must not contravene … the statute” for it is fundamental principle that municipal ordinances are inferior in status and subordinate to the laws of the state.

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