LICAUCO & CO., INC. vs.

DIRECTOR OF AGRICULTURE

FACTS:

Petitioner is a corporation importing carabao and other draft animals into the
Philippines, but respondent Director of Agriculture refuses to admit said
cattle, except upon the condition that said cattle shall have been immunized
from rinderpest before embarcation at Pnom-Pehn. Petitioner therefore asks
for an order requiring the respondents to admit the importation of cattle into
the country.

The petitioner asserts that they have an absolute and unrestricted right to
import carabao and other draft animals and bovine cattle for the
manufacture of serum from Pnom-Pehn, into the Philippine Islands, according
to section 1762 of the Administrative Code and that the respondents have no
authority to impose upon the restriction.
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The respondents, on the other hand claim, however, rely upon section 1770
of the Administrative Code , and that section 1762 of the Administrative
Code has been impliedly repealed by the amendatory Act No. 3052, which is
of later enactment that the Administrative Code

ISSUE:

Whether or not section 1762 has been repealed by implication and whether
section 1770 may be given credence.

RULING:

Section 1762, as amended, and section 1770 must be construed in pari

materia as harmonious parts of the law dealing with animal quarantine; and
section 1762, as amended, can be given effect only in so far as it is not
restricted by section 1770. Here, as always, the general must yield to the
particular.