Section 46 of Republic Act No. 9369 is a general repealing clause. It is a clause
which predicates the intended repeal under the condition that a substantial
conflict must be found in existing and prior acts. The failure to add a specific
repealing clause indicates that the intent was not to repeal any existing law, unless
an irreconcilable inconsistency and repugnancy exist in the terms of the new and
old laws. This latter situation falls under the category of an implied repeal.[38]
Well-settled is the rule in statutory construction that implied repeals are
disfavored. In order to effect a repeal by implication, the later statute must be so
irreconcilably inconsistent and repugnant with the existing law that they cannot be
made to reconcile and stand together. The clearest case possible must be made
before the inference of implied repeal may be drawn, for inconsistency is never
presumed. There must be a showing of repugnance clear and convincing in
character. The language used in the later statute must be such as to render it
irreconcilable with what had been formerly enacted. An inconsistency that falls
short of that standard does not suffice.[39]
Courts of justice, when confronted with apparently conflicting statutes, should
endeavor to reconcile the same instead of declaring outright the invalidity of one
as against the other. Such alacrity should be avoided. The wise policy is for the
judge to harmonize them if this is possible, bearing in mind that they are equally
the handiwork of the same legislature, and so give effect to both while at the same
time also according due respect to a coordinate department of the government.[40]
To our mind, there is no absolute and irreconcilable incompatibility between
Section 15 of Republic Act No. 8436, as amended, and Section 80 of the Omnibus
Election Code, which defines the prohibited act of premature campaigning. It is
possible to harmonize and reconcile these two provisions and, thus, give effect to
both.
The following points are explanatory: