Art 2: Laws shall take effect after 15 days following the

completion of their publication in the Official Gazette, unless it

is otherwise provided. This Code shall take effect 1 year after
such publication

Effectivity of two kinds of Law:

An ordinary law -on the date it is expressly provided or

-if no date is made, 15 days after publication in
the Official Gazette or newspaper of general circulation.
The Civil Code- 1 yr after publication

When No Publication is Needed:

 When a law provides for its own effectivity

 “Upon approval” (By president, congress, etc.)
-when the law is signed on the last hour of June 16,
it is already effective during the first hour of the same
date. (Republic of the Phil. v. Encarcacion) The law came
into force from the first minute of the day it was
approved, and not at the precise moment that,
according to the oral evidence of the respondent, it was
signed by the President.

Publication in the official Gazette is not necessary as long as

it is not punitive in character.

Tañada v. Tuvera GR 63915

 The Publication must be in full or it is no publication at

all, since purpose: inform public of law’s contents
 Must be made in the Official Gazette, not elsewhere

“After 15 days following”

e.g. published September 12, effectivity: September 28

Rule Applicable to Certain Circulars (but not all)

The fact that the circular is punitive in character is the principal

reason why publication should be made.

Circulars which are mere statements of general policy as to how

the law should be construed -do not need presidential approval
or publication in the official gazette.

**Circulars which prescribe a penalty for their violation should

be published before becoming effective.

(People v. Que Po Lay L-6791)

Rule Applied to Executive Orders and Administrative Rules

(a) Must conform to the standards of the law

(b) Administrative Rules have the force of law

Tayug Rural Bank v. CB

-If conflict exists between rule of law and rule or

regulation issued to implement it, the BASIC LAW prevails.

Date of Effectivity of the New Civil Code

August 30, 1950. This date is exactly one year after the Official
Gazette publishing the Code was released for “circulation,” the
said release having been made on Aug. 30, 1949.

Article 3: Ignorance of the law excuses no one from

compliance therewith.

1. Latin Maxim on Ignorance of the Law

Ignorantia legis non excusat -Ignorance of the law
excuses no one. Before the compliance is required,
there must be due promulgation of the law. Present
method of promulgation: publication in the official
gazette.
 2. Applicability
Art 3 applies to all kinds of domestic laws, civil or penal.
The maxim refers only to mandatory or prohibitive laws,
not to suppletory laws.

Ignorance of the Law Distinguished from Ignorance of the Fact

Ignorance of the law – no excuse for not complying with the law

Ignorance of the fact – eliminates criminal intent as long as

there is no negligence

Mere honest mistakes of facts:

a. An honest error made by a lawyer in the interpretation

of the law. (However, a client is bound by the mistakes
of his lawyer)
b. An erroneous belief that a certain court has jurisdiction
to grant an absolute divorce. A subsequent marriage
entered into under such erroneous belief will still be
contracted in good faith by such party.
c. If a girl married without parental consent thinking she
was already of a certain age.

Ignorance of Law as the Basis of Good Faith