Chapter 1 - Effect and Application of Laws: Checklist of To Dos

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MODULE 1

CHECKLIST OF TO DOs:

ARTICLE Book Reading Related Cases Codal Date

Article 1 @August 17, 2021


Article 2 @August 17, 2021
Article 3 @August 17, 2021
Article 4 @August 17, 2021

Article 5 @August 17, 2021


Article 6 @August 18, 2021
Article 7 @August 18, 2021

Article 8 @August 18, 2021


Article 9 @August 18, 2021
Article 10 @August 18, 2021
Article 11 @August 19, 2021

Article 12 @August 19, 2021


Article 13 @August 19, 2021

Article 14 @August 19, 2021

Article 15 @August 19, 2021


Article 16 @August 20, 2021

Article 17 @August 20, 2021


Article 18 @August 20, 2021

Chapter 1 - Effect and Application of Laws

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ARTICLE 1

💡 This Act shall be known as the CIVIL CODE OF THE PHILIPPINES.

-Main draft was prepared by Roxas Code Commission, which was created under
EO No. 48 on March 20, 1947.

On January 26, 1949 the Senate and House of Representative passed R.A. No.
386, which is

💡 "the act to ORDAIN and INSTITUTE the Civil Code of the


Philippines."

ARTICLE 2
Based on 1950 Civil Code which took effect on August 30 1950

💡 The law shall take effect after fifteen (15) days following the completion
of their publication in the Official Gazette, unless it is otherwise
provided. This Code shall take effect one year after its publication.

Amended by E.O. No. 200 (Section 1) - June 18, 1987

💡 The law shall take effect after fifteen (15) days following the publication
either in the Official Gazette or in a news paper of general circulation in
the Philippines, unless it is otherwise provided.

The Rule shall apply on the Presidential Decree and Executive Orders
promulgated by the President in the exercise of the legislative powers
whenever the same are validly delated by the legislature.

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The Rule shall also apply to Administrative Rules and Regulations if their
purpose is to enforce or implement existing laws pursuant also to a valid
delegation.

There is no need to published if its an interpretative regulation and those merely


internal in nature, that is, regulating only the personnel of the administrative
agency and not the public.

Case: Tanada v. Tuvera

ARTICLE 3

💡 Ignorance of the law excuses no one from compliance therewith.

"Ignorantia legis non excusat" = "Ignorance of the law is no excuse"

Article 3 applies only to Mandatory and Prohibitory Laws

is a necessary consequence of the mandatory provision that all laws must


be published.

Without such notice and publication there will be no basis for the application
of maxim.

it is found not only on the expediency and policy but also on necessity

that every person who knows the law is conclusive presumption

ARTICLE 4

💡 Law shall have no retroactive effect, unless the contrary is provided.

for it is said that the law looks for the future and has no retroactive effects unless
the legislature may have given that effect to some legal provisions

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📌 RETROACTIVE APPLICATION

The following are instances when a law may be given retroactive effect

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