Notes on Chapter 1: Effect and Application of Laws

Republic Act 386 - An Act to Ordain and Institute the Civil Code of the Philippines

Law - a rule of conduct, just, obligatory, promulgated by the legitimate authority, and of common
observance and benefit. (Sanchez Roman)

- Rule of conduct as pre-determined and expressed by the lawmaker in a manner of its

own choosing that needs to be understood by those who desire to deal with the law.
Preliminary title has a function to introduce the law; the law introducing the law.

Introduction of the Law - a more pragmatic and practical approach, focuses more on the
dynamic of the law; how the law is to take effect.

Explanations on Article 1

Civil Code - compilation of laws dealing with a person and his relationship to another person, the
concept of property and its relationship to a person, and his obligations and contracts that arise
out of such relationships.

- Establishing standard on how should act in terms of marriage and family relations.

- Defines the concept of property and the various ways a person may deal with it.

- Provides that entanglements with persons, family relations, and property give rise to
obligation.

The sources of Civil Law are as follows: Spanish Civil Code of 1880, codes, laws and
jurisprudence from other countries, and the Philippine statues.

The lawmaker must know and consider the sources of laws and how it were understood from
the jurisdiction where it has been taken.

Explanations on Article 2

Concept of Effectivity of Law

The existence of law is to be distinguished from its effectivity. The effectivity of a law may be
circumscribed by time, territory, persons, and even circumstance.

Having shown a law to be present does not mean it can be extended a blanket application.

When, Where, How the Law is to be effective are crucial questions.

If a law is not yet effective, no such violation.

Effectivity of law from the Point of View of Publication

Some laws become effective without any publication.

Example of the exemption: Administrative Code of 1987 provides that laws shall to take effect
after 15 days following the completion of their publication in the Official Gazette or in a
newspaper of general circulation, unless it is otherwise provided.
Laws Covered by Publication Requirement

Publication of law is a requirement of due process. A person must be specifically and effectively
informed of its contents. (Taada v. Tuviera, 1985)

All statues including those of local application and private laws, shall be published as a condition
of its effectivity. Covered by this rule are Presidential decrees and Executive Orders and other
legislative powers validly delegated by legislature or directly conferred by the Constitution.
(Taada v. Tuviera, 1985)

Examples of this Rule

Even the charter of a city must be published notwithstanding that it applies to only a portion of
national territory and directly affects only the inhabitants of the place. All presidential decrees
must be published, including those naming a public place after a favoured individual or
exempting him from certain prohibitions or requirements.

Interpretative regulations and those merely internal in in nature meaning regulating only the
personnel of the administrative agency and not the public, need to be published. Letters of
instructions issued by administrative superiors are also exempted to the rule on publication.

Administrative Rules When Published

Administrative rules and regulations must also be published if their purpose is to enforce or
implement existing law pursuant also to a valid delegation. (Taada v. Tuviera, 1985)

Examples of this Rule

Circulars issued by the Monetary Board must be published if they are meant not merely to
interpret but to fill in the details of the Central Bank Act which that body is supposed to enforce.
Circular Number 20 of Central Bank prescribes a penalty for its violation should be published
before becoming effective.

The ECEC Guidelines on the Conduct of District Elections for Electric Cooperative requires that a
protest arising from the disqualification shall be filed with screening committee in not less than
five days before the election. The ECEC applies to all electric cooperative in the country so its
not only instruction to subordinates therefore it should comply with the publication
requirements. (Nea vs. Gonzaga, 2007)

Manual Operations is not just an internal rule affecting only the personnel of BOI. Its effects
reach out to the petitioner and enterprises similarly situated to diminish considerably what law
intends to grant by way of incentives. Clearly, publication requirement is mandatory in this case.

DBM - CCC Number 10, which completely disallows payment of allowances and other additional
compensation to government employees, therefore there is a need to inform the people
concerned and must be alerted by the publication of the subject of the circular in Official Gazette
/Newspaper of general circulation.

Memorandum of COA directing auditors to immediately cause the disallowance of any payment
of any form of additional compensation of certain government officials in violation of the rule of
multiple positions is merely internal and interpretative regulation which does not need
publication. Its not an implementing rule of a statute but a directive to enforce the self-
executing prohibition imposed by Sec.13, Article VII of the Constitution on the said officials.

No publication is required of the instructions issued by Minister of Social Welfare on the case
studies for petitions of adoption, or workload of his personnel.

Effectivity Date After Full Publication

While as a rule, laws take effect after 15 days following the completion of their publication in the
Official Gazetter or in a newspaper of general circulation, the legislature has the authority to
provide exceptions, as indicated in the clause, unless otherwise provided.

Examples of this rule

Section 1, E.0. 200, (which states that a law becomes effective after 15 days following completion
of publication) only applies when a statute does not provide for its own date of effectivity.

Family Code takes effect one year after completion of its publication..

Shall take effect immediately became effective after publication / Act Shall take effect upon its
approval becomes legally effective when it was published in the official gazette and not 15 days
after.

R.A. 9006 or Fair Elections Act which provides that it should take effect immediately upon its
APPROVAL takes effect only 15 days after its publication.

After Fifteen days

The expression of this article that says law take effect after (not on) 15 days makes them
effective on the 16
th
day following their complete publication.
Examples: E.0. 79 was published in OG on December 22, 1986 and became effective on January
7, 1987

R.A. 7692 was published in March 9, 1988, took effect on March 25, 1988.

The days refer to calendar days. The counting of the period of publication must take into account
the mechanics of Gregorian calendar. In counting a period, the first day is excluded and the last
day included.

Less than fifteen days

The constitutional precept requires that fair notice be given to those concerned before a law
that places their liberty or property at risk takes effect.

A law, emergency in nature, need not to wait for after 15 days from completion of publication to
be effective in the case of assistance given to calamity victims. Such laws may even be given
retroactive effect.

The law should be made effective after 15 days following its completion of publication unless the
law does not deal with sufficiently significant matters or is of emergency in nature.
Manner of Publication

Publication must be in full or it is no publication at all since the purpose is to inform the public
the contents of the laws.

Where Publication Made

Official Gazette - the official journal of the Republic. It is required to publish all legislative acts
and resolutions of public nature; all executive and administrative issuances of general
application.

Requisites to be a newspaper of general circulation: published for the dissemination of local

news and general information, has bona fide subscription list of paying subscribers, published on
regular intervals, the newspaper must be available to the public in general and just a select few
chosen by the publisher.

Municipal Ordinances

Municipal ordinances are not covered by the foregoing rules but by the Local Government Code.

Posting in conspicuous places is required with publications requirement in case of ordinance

with penal sanctions. Highly urbanized and independent cities are also required to publicize the
main features of the ordinances or resolution duly approved.

Effectivity of the New Civil Code

The Civil Code of the Philippines took effect on August 30, 1950.

Explanations on Article 2

Effectivity of the law from the viewpoint of the subject.

A person cannot render the law is ineffective by the simple expedience of invoking his ignorance.

Ignorantia Legis non Excusat

Ignorance of the law excuses no one from compliance therewith. The principle of giving fair
notice of what constitutes a forbidden conduct finds no application here.

The conclusive presumption that every person knows the law presupposes that the law has been
published if the presumption is to have any legal justification.

It would be the height of injustice to punish or burden a citizen for transgression of a law which
he had no notice. (Tanada v. Tuviera, April 24, 19850

Ignorance in this regard encompasses not only substantive but also procedural laws (Lapid vs.
Laurea, Oct. 28, 2002)

The application of this article is limited to mandatory and prohibitory laws. The rule allowing
respondent of a choice of remedies is neither mandatory nor prohibitory.Therefore, it cannot be
held against her. (D.M. Consunji Inc. v. CA and Juego, April 20, 2001)
Ignorance of the law

Examples

The accused being a deputy governor ought to know that an act which is illegal per se cannot be
given a semblance of legality either by the provincial governor or the provincial commander. His
conviction for illegal possession of fire arms is hereby affirmed. (People vs. Neri, December 19,
1985)

If the tax payer did not eve know even the last day of payment was. He is liable for the
surcharge.

Good Faith and Assent

Example: Ignorance about usury both parties are liable even if they acted in good faith.

However, where it is agency tasked to implement the law that provided the period, it is plausible
to assume that what agency pronounced is correct. He cannot be blamed for honestly believing
that he has a longer period than that prescribed by law.

Compared with ignorance of Facts

Examples

Defendant Chinaman taught there was an intruder who forced open his door of his sleeping
room, and taught that he was in imminent peril, he in the belief that he was doing his right to
self defense. The maxim here is ignorantia facti excusat or mistake in the point of fact is, in all
cases of supposed offense, a sufficient excuse.

Erroneous belief of man who taught that his wife died in the revolution and could not find her
nor could obtain the slightest information as to whereabouts notwithstanding his persistent and
diligent search os a mistake of fact not of law.

The driver was only following the instruction of the employer who was himself acting upon
compliance of the resolution as implemented by the Sgt. of Arms. Even if the employer order
may be consider as illegal, the driver thereon acted in good faith and under a mistake of fact as
to its legality. Hence, his exculpation is ineludibly dictated.

The theory of non-liablity by reasons of honest mistake is committed without fault or

carelessness. (People v. Osanis and Galanta, July 7, 1943).