Introduction To Law - Effect and Application of Laws
Introduction To Law - Effect and Application of Laws
Introduction To Law - Effect and Application of Laws
PUBLICATION
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NOTE: The reason for this rule is that the basic constitutional 3. In order that fraud may make a contract voidable,
requirement of due process must be satisfied. Without such it should be serious and should not have been
notice and publication, there would be no basis for the employed by both contracting parties. Incidental
application of the maxim ignoratia legis non excusat.
fraud only obliges the person employing it to pay
damages. (NCC, Art. 1344)
XPNs to the PUBLICATION REQUIREMENTS [ORLI]
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4. When the law is penal in character and A contract of sale with right to repurchase with a
favorable to the accused; prohibition against selling the property to another
except the heirs of the vendor a retro is null and
Note: If it is not favorable, it would be an ex post void since it is a perpetual restriction on the right
facto law. of ownership. Only the prohibition is void, not the
whole contract itself. (Leal vs. IAC)
Example: The suspension of Death Penalty Law
by the 1987 Constitution benefits those who are When the government gives a person a land, the
charged of capital offenses and those cases latter is not supposed to sell that within 5 years
pending in court. because thegovernment wants to give lands to the
landless. If the recipient transacts it within the
TN: The retroactive application is automatic so prohibitive period of 5 years, he cannot waive
long as it’s a penal law and favorable to the his/her right to redeem the land because the land
accused. that was given by the government is basically
founded on public policy and you cannot waive a
5. When a substantive right is declared for the right that is given by law founded on public policy.
first time, unless vested rights are impaired;
CAN RIGHTS BE WAIVED?
Note: A law cannot be given a retroactive effect if
it will impair a vested right. GR: Rights may be waived
XPNs:
WAIVER OF RIGHTS
1. If waiver is:
WAIVER a. Contrary to law, public order, public policy, morals
or good customs;
It is a voluntary and intentional relinquishment or b. Prejudicial to a third person with a right recognized
abandonment of a known existing legal right, advantage, by law. (e.g. If A owes B P10M. B cannot waive
benefit, claim or privilege, which except for such waiver the the loan if B owes C and B has no other assets].
party would have enjoyed.
2. If the right is:
RIGHT
a. natural right, such as right to life:
It is a legally enforceable claim of one person against another, b. Inchoate, such as future inheritance.
that the other shall do a given act, or shall not do a given act.
REQUISITES OF A VALID WAIVER
A RIGHTS WHICH CANNOT BE WAIVED
1. Waiving party must actually have the right he is
(1) Natural right to life renouncing;
(2) Rights which did not exist yet
2. He must have full capacity to make the waiver;
Example: Waiver of future inheritance is void as it
3. Waiver must be clear and unequivocal;
is contrary to law. The right does not exists yet. If
the inheritance has already accrued, waiver may 4. Waiver must not be contrary to law, public order,
be valid except when it is done to prejudice a public morals, etc; and
creditor.
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5. When formalities are required, they must be complied 6. Calendar week - Sunday to Saturday.
with.
LEGAL PERIODS NOTE: In the computation of period, the first day shall be
excluded, and the last day included.
1. Year - 12 calendar months.
WHAT HAPPENS IF THE LAST DAY FALLS ON A
A Calendar Month is "a month designated in the SUNDAY OR LEGAL HOLIDAY?
calendar without regard to the number of days it may
contain." It is the "period of time running from the If the act to be performed within the period is:
beginning of a certain numbered day of the next month,
and if there is not sufficient number of days in the next A. Prescribed or allowed by:
month, then up to and including the last day of that a. The Rules of Court;
month." b. An order of the court; or
c. Any other applicable statute.
2. Month - 30 days, unless designated by their name, in The last day will automatically be the next working
which case, they shall be computed according to the day.
number of days which they
respectively have; B. From a contractual relationship - The act will still become due
despite the fact that the last day falls on a Sunday or a legal
3. Day- 24hours; holiday. This is because obligations arising from contracts have
the force of the law between the contracting parties.
4. Nighttime - from sunset to sunrise;
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DIRECTORY LAWS
XPNs:
(1) When the law makes the act not void but
merely voidable.
(2) When the law makes the act valid, but the
wrongdoer is subject to liability.
(3) When the law itself makes the act valid when it
should have been void.
REPEAL OF LAWS
Art. 7. Laws are repealed only by subsequent ones, and their The new law which impliedly repealed the prior law is itself
violation or non-observance shall not be excused by disuse, repealed, the old one shall be revived unless the language of
or custom or practice to the contrary. the repealing statuteprovides otherwise. (US vs. Soliman)
When the courts declare a law to be inconsistent with the UNCONSTITUTIONAL LAWS
Constitution, the former shall be void and the latter shall
govern. The Constitution is the supreme, basic, and fundamental law
of the land. In case of conflict between Constitution and the
Administrative or executive acts, orders and regulations shall statute, the former willprevail.
be valid only when they are not contrary to the laws or the
Constitution. (5a) However, in deciding the constitutionality of the statute, every
REPEAL OF LAWS presumption favors the validity of the same and when
possible, statutesshall be given a meaning that will not bring
An existing law can only be changed by a passage of a new in conflict with the Constitution.
law that is inconsistent with the existing law. The repeal of a
law can only be done either express or implied. A law is unconstitutional when:
i. Its Enactment is not within legislative powers of
EXPRESS REPEAL Congress
ii. Arbitrary Methods may have been established
When a newly passed law expressly provides that it repeals iii. The Purpose or effect violates the Constitution or
the old law. basic principles (i.e. Bar Flunkers Law. [In re:
Cunanan])
IMPLIED REPEAL
Occurs when the new law does not state that it repeals the
existing law but by looking at the provisions of the new law it
is really irreconcilable with the old law.
LAPSE OF LAW
The new law which expressly repealed the old one is itself
repealed, theold one shall not be revived unless expressly so
provided.
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JUDICIAL DECISIONS
ABROGATION OF SUPREME COURT DECISIONS
REVIVING A REPEALED LAW
Art. 8. Judicial decisions applying or interpreting the laws
Supreme Court decisions may be abrogated by:
or the Constitution shall form part of the legal system of the
Philippines. (n) (i) Contrary ruling by Supreme Court itself;
says: “the judge must have to decide the case by all means CUSTOMS
even if the law is silent,” it cannot be left hanging. He must
decide. Art. 11. Customs which are contrary to law, public order
or public policy shall not be countenanced. (n)
INTERPRETATION OF LAWS
Art. 12. A custom must be proved as a fact, according to
Art. 10. In case of doubt in the interpretation or application the rules of evidence. (n)
of laws, it is presumed that the lawmaking body intended
right and justice to prevail. (n) Custom is defined as a rule of conduct formed by repetition
of acts, uniformly observed and practiced as a social rule,
FUNCTION OF THE JUDICIARY legally binding and obligatory.
The judiciary’s primary function is to apply the law. When the Courts take no judicial notice of customs which can only be
law is clear, no interpretation is needed. Courts will only established as evidence when proven as a fact.
interpret if there’s an ambiguity in its provisions.
Customs can only be used in the absence of an applicable law
If there are more than one possible interpretation of the law, but cannot prevail over a statutory rule or even a legal rule
the one that will achieve the ends desired by Congress shall made by the Supreme Court
be adopted.
EQUITY
Courts should not apply equity if equity does not serve the
ends of justice. Equity cannot be invoked to reopen a case. If
remedies are given, it should only be within what is
prescribed. Equity follows the law.
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Introduction to Law ANTS Notes
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