It is well settled that if the departmental circular provides an interpretation which runs contrary to the provisions of law, such interpretation cannot bind the Court. 1979 circular falls in such category.
Departmental circulars conflicting with statutory law lack binding effect and cannot constrain judicial interpretation or review.
A departmental circular that furnishes an interpretation contrary to the provisions of law does not bind courts and cannot determine legal rights or obligations; administrative instructions must conform to statutory text, and a circular antagonistic to the statute is ineffective in judicial proceedings, as exemplified by the 1979 circular addressed in the authorities.
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