GENERAL PRINCIPLES 3.

If the law provides for immediate effectivity or upon approval – It is effective

immediately after its complete publication and not after signing by the President.

4. If the law is voluminous– Reckoning shall begin from the release of the last of the
EFFECT AND APPLICATION OF LAWS series.

“Unless it is otherwise provided” provision on effectivity of laws

Law The clause "unless it is otherwise provided" refers to the date of effectivity and not to the
requirement of publication itself. The requirement of publication may not be omitted in
- It is a rule of conduct formulated and made obligatory by legitimate power of the state any event. This clause does not mean that the legislator may make the law effective
(Diaz, 2013). immediately upon approval, or on any other date without its previous publication.

Article 2. (Effectivity of Laws)

- Laws shall take effect after fifteen days following the completion of their publication Publication requirement
either in the Official Gazette, or in a newspaper of general circulation in the Philippines,
unless it is otherwise provided [New Civil Code (NCC), Art. 2, as amended by EO 200)]. Publication is indispensable in every case, but the legislature may in its discretion provide
that the usual fifteen-day period shall be shortened or extended (Umali v. Estanislao, G.R.
No. 104037, May 29, 1992; Tañada v. Tuvera, G.R. No. L-63915, December 29, 1986).

Effectivity depends on whether or not the law has provided a specific date for its
effectivity:
Publication must be in full or it is no publication at all since its purpose is to inform the
1. If date is specified– Upon the lapse of the said period following its complete public of the contents of the law. The mere mention of the number of the presidential
publication and not before. decree, the title of such decree, its whereabouts, the supposed date of effectivity, and in a
mere supplement of the Official Gazette cannot satisfy the publication requirement. This
2. If no date is specified– 15-day period, which may either be on the 15th or on the is not even substantial
16th day depending on the language used by the Congress in fixing the effectivity
date of the statute (Rabuya, 2009). compliance (Tañada v. Tuvera, G.R. No. L-63915, December 29, 1986)

a. 15th day - If the law declares that it shall become effective “15 days after its
publication”
Indispensability of publication
b. 16th day - If the law declares that it shall be effective “after 15 days
following its publication” GR: All laws are required to be published in full.
NOTE: The reason for this rule is that the basic constitutional requirement of due process entertainment of a particular class, profession, trade, calling, race or religious
must be satisfied. (Rabuya, 2009).Without such notice and publication, there would be no denomination )
basis for the application of the maxim ignoratia legis non excusat (Rabuya, 2009).
Exceptions to the publication requirement
XPNs to the Publication Requirement:
1. An interpretative regulation;
1. Municipal Ordinances (governed by the Local Government Code);
2. A regulation that is merely internal in nature
2. Rules and regulations which are internal in nature;
3. A letter of instruction issued by an administrative agency concerning rules or
3. Letters of Instruction issued by administrative supervisors on internal rules and guidelines to be followed by subordinates in the performance of their duties
guidelines;

4. Interpretative regulations regulating only the personnel of administrative agency.

Article 3. Ignorance of the law excuses no from compliance therewith.

Presumption of knowledge of laws:

XPNs to the XPNs:
GR: Everyone is conclusively presumed to know the law. Hence, ignorance of the law
1. The purpose of which is to implement or enforce existing laws pursuant to a valid excuses no one from compliance therewith (NCC, Art. 3).
Delegation;
This conclusive presumption presupposes that the law has been published. Without such
2. Penal in nature; notice and publication, there would be no basis for the application of the maxim ignoratia
legis non excusat (Rabuya, 2009).
3. It diminishes Existing rights of certain individuals.
XPNs:
Where to publish
a) Mistake upon a doubtful or difficult question of law may be the basis of good faith
1. Official Gazette; or [NCC,Art. 526 (3)].

2. Newspaper of general circulation in the Philippines ( For a newspaper to be b) Payment by reason of a mistake in the construction or application of a doubtful or
considered of general circulation: a) It must be published within the court’s difficult question of law may come within the scope of the preceding article (NCC,
jurisdiction; b) It must be published at regular intervals for disseminating local Art. 2155).
news and general information; c) It has a bona fide subscription list of paying
subscribers; and d) It is not devoted to the interest or published for the
c) In order that fraud may make a contract voidable, it should be serious and should DEFENSE Good faith is an excuse. Not excusable, even if in
not have been employed by both contracting parties. Incidental fraud only obliges good faith.
the person employing it to pay damages (NCC, Art. 1344).

Laws covered: The laws referred to under Art. 3 of the NCC are those of the Philippine
Laws and it applies to all kinds of domestic laws, whether civil or penal, substantive or Article 4. Laws shall have no retroactive effect, unless the contraty is provided.
remedial. However, the article is limited to mandatory and prohibitory laws. It does not
include those which are merely permissive (Rabuya, 2006). Retroactive law - A legislative act that looks backward or contemplates the past,
affecting acts or facts that existed before the act come into effect (Black’s Law Dictionary,
2009).

Non-applicability to foreign laws. Ignorance of a foreign law is a mistake of fact. There Retroactive effect of laws:
is no presumption of knowledge of foreign laws. It must be alleged and proved as a matter
of fact; otherwise, the doctrine of processual presumption will apply. GR: Laws shall have no retroactive effect (lex prospicit, non respicit). Laws are
prospective.

XPNs:
Mistake of fact v. Mistake of law
1. When expressly provided
BASIS MISTAKE OF FACT MISTAKE OF LAW
2. Tax laws
WANT OF KNOWLEDGE Want of knowledge of Want of knowledge or
PERTAINS TO some fact/s constituting or acquaintance with the laws 3. Interpretative statutes
relating to the subject of land insofar as they
4. Laws creating new substantive rights
matter on hand. apply to the act, relation,
duty, or matter under
5. Curative statutes
consideration.
6. Remedial/ procedural laws
NATURE OF MISTAKE When some facts which Occurs when a person
really exist are unknown or having full knowledge of 7. Emergency laws
some fact is supposed to the facts come to an
exist which really does not erroneous conclusion as to 8. Penal laws favorable to the accused provided, the accused is not a habitual
exist. its legal effects. delinquent.
Non-retroactivity of laws vis-à-vis judicial decisions GR: Acts executed against the provisions of mandatory or prohibitory laws shall be void
(NCC, Art. 5).
Judicial decisions have no retroactive effect. When a doctrine of the Supreme Court is
overruled and a different view is adopted, the new doctrine should be applied XPNs: When the law:
prospectively and should not apply to parties who had relied on the old doctrine and acted
on the faith thereon (Rabuya, 2009). 1. Itself authorizes its validity (e.g. lotto, sweepstakes)

2. Makes the act valid but punishes the violator

Lex prospicit, non respicit - The maxim means, “the law looks forward not backward”. 3. Makes the act merely voidable
The retroactive application of a law usually divests rights that have already become vested
or impairs the obligations of contract and hence, is unconstitutional 4. Declares the nullity of an act but recognizes its effects as legally existing

Article 6. Rights may be waived, unless the waiver is contrary to law, public order,
public policy, morals, or good customs or prejudicial to a third person with a known
right.

Article 5. Acts executed against the provisions of mandatory or prohibitory laws Waiver - It is a voluntary and intentional relinquishment or abandonment of a known
shall be void, except when the law itself authorizes their validity. existing legal right, advantage, benefit, claim or privilege, which except for such waiver
the party would have enjoyed.
Mandatory law - A law or a provision in a statute is said to be mandatory when
disobedience to it, or want of exact compliance with it, will make the act done under the The voluntary abandonment or surrender, by a capable person, of a right known by him to
statute absolutely void (Black’s Law Dictionary, 2009). exist, with the intent that such right shall be surrendered and such person forever deprived
of its benefit; or such conduct as warrants an inference of the relinquishment of such right;
Prohibitory law - A law or a provision in a statute is said to be prohibitory when it or the intentional doing of an act inconsistent with claiming it
forbids a certain action (Black’s Law Dictionary, 2009).

Permissive law - A law or a provision in a statute is said to be permissive or directory

when it allows certain acts but does not command them (Black’s Law Dictionary, 2009). NOTE: Waivers can be express or implied, however, it cannot be presumed. It must be
clearly and convincingly shown, either by express stipulation or acts admitting no other
reasonable explanation.

Violation of Mandatory or Prohibitory Laws

Right - It is a legally enforceable claim of one person against another, that the other shall 4. Political rights. - If a candidate for mayor agrees to split his term of office with the
do a given act, or shall not do a given act vice-mayor to prevent the latter from running against him, the contract is void by
reason of public policy

Kinds of rights:
Waiver of rights
1. Natural Rights – Those which grow out of the nature of man and depend upon
personality (e.g. right to life, liberty, privacy, and good reputation) GR: Rights may be waived.

2. Political Rights – Consist in the power to participate, directly or indirectly, in the XPNs:
establishment or administration of government (e.g. right of suffrage, right to hold
public office, right of petition) 1. If waiver is:

3. Civil Rights– Those that pertain to a person by virtue of his citizenship in a state a) Contrary to law, public order, public policy, morals or good customs;
or community (e.g. property rights, marriage, equal protection of laws, freedom of
contract, trial by jury) b) Prejudicial to a third person with a right recognized by law.

a) Rights of personality or human rights; 2. If the right is:

b) Family rights; and a) A natural right, such as right to life;

c) Patrimonial rights: Real rights; Personal rights b) Inchoate, such as future inheritance.

A person may waive any matter which affects his property, and any alienable right or
privilege of which he is the owner or which belongs to him or to which he is legally
Unwaivable rights entitled, whether secured by contract, conferred with statute, or guaranteed by constitution,
provided such rights and privileges rest in the individual, are intended for his sole
1. Right to live and right to future support. benefit, do not infringe on the rights of others, and further provided the waiver of the right
or privilege is not forbidden by law, and does not contravene public policy
2. Right to personality and family rights.
Requisites of a valid waiver
3. Right to future inheritance. - This is especially so if the waiver is intended to
prejudice creditors. Hence, if an heir repudiates the inheritance to the prejudice of 1. Waiving party must actually have the right he is renouncing;
his own creditors, the latter may petition the court to authorize them to accept it in
the name of the heir 2. He must have full capacity to make the waiver;
3. Waiver must be clear and unequivocal;

4. Waiver must not be contrary to law, public order, public morals, etc;

5. When formalities are required, they must be complied with.

Article 7. Laws may be repealed only by subsequent ones