PERSONS AND FAMILY RELATIONS
Laws shall take
September 3, 2021
I. INTRODUCTION
Law – ordinance of reason given by him
who is in charge.
Human Positive law – rules of conduct
directly promulgated by competent human
authority for the common good.
● Branches of the Government
a. Legislative – law making body
b. Judiciary – applies the law
c. Executive
Divine law – by God
Substantive law – establish rights and
duties
Civil – generally treats of the personal and
family relations of an individual, his property
and successional rights and the effect of his
obligations and contracts (PARAS, p 5)
– substantive law
Remedial – rules of procedure
Political law – deals with the relation of the
people and the government
Public laws – all matters that can arise
between the state and the public
● Talks about people, criminal, tax,
administrative, etc.
Characteristics of law
1. It is a reasonable rule of action or
conduct for purposes of general
observance;
2. Obligatory; and,
3. Promulgated by a competent
authority
II. Article 1. This Act shall be
known as the Civil Code of the
Philippines.
Civil Code (RA 386) – enacted August 30,
1950.
III. Article 2.
effect after fifteen days
following the completion of
their publication either in the
official Gazette or any
newspaper with general
circulation in the Philippines,
unless otherwise provided.
A. Amended by EO 200
Amendment : Publication of laws
either in the Official Gazette or any
newspaper with general circulation.
Note : The words “unless otherwise
provided” pertains to the date of the
effectivity, which may be shorten or
extended. (Umali vs. Eslao)
(e.g Civil code – takes effect after
one year of publication.)
B. Effectivity
1. Generally, law shall take effect
on the date specify in the
effectivity clause (e.g. RA 7160)
2. If there is no date provided, then
after fifteen days following the
completion of its publication in
the Official Gazette or in a
newspaper of general circulation
3. Upon its approval (e.g. RA 7167)
Note: it is presumed that is
approved when it is published.
Art 2 will apply.
4. Immediately upon publication
(e.g. BAYANIHAN act)
TANADA VS. TUVERA
– Publication must be in full or there is no
publication at all. Its purpose is to inform the
public of the content of the law.
–The public should be given opportunity to
know various laws which will regulate their
action. If not, there will be no basis for the
maxim “ignorantia legis non excusat”.
 presumption of validity. (ACAC vs.
C. Publication Azcura)
- publication is indispensable
because it is a requirement for due ● Is online publication sufficient?
process. No. Online publication is not
sufficient. (even the Website of the
Publish Not senate or pamphlet) Advent
Electronic Act of 2000, online
Laws and Yes
publication is only for evidentiary
Statutes
purposes, not a medium for
Implementing Yes publishing rules and regulations.
Rules and
Regulations ● Is publication the same with
(IRR)
promulgation?
Amin rules and If it Interpretative; No. According to the SC, although
regulations enforces / they seem synonymous, they have
implement Internal;
statutory difference in usage.
existing Letters of (Gutierrez v. House Committee)
laws, instructions; Publication – announce formally; to
make known
Guidelines in
the
Promulgation – deliver a decision to
performance the clerk of court; reading the
of duties decision to the accuse.
(In civil case, there is no
Presidential Yes promulgation, there is only furnishing
Decrees and
of copy.)
EOs

Charter of the Yes ● Is uploading the same with

City publication?
Issuances of the No. Uploading is only for evidentiary
judiciary purposes.
Uploading – copy or move program
Decisions and No in a larger computer system or the
resolutions of
internet.
the SC
(Trivia: Electronic Publication Act of
2018 wad filed by Sen. Grace Poe
Notes: but it didn’t push through)
1. Amin rules and regulation should be
filed within the UP Law center ● Effectivity vs. Implementation
(publication is not enough) pursuant -Effectivity is different from
to Amin code of 1987. implementation.
2. Effect of non-publication/ defective -Effectivity is reckoning on the date it
publication – law will be void and will takes effect.
have no effect. -Implementation is the duty of the
3. Ordinances are needed to be executive branch.
published in full. However, there is a -A law may be effective but can’t be
implemented yet due to
 nonpublication of IRR (e.g. Anti – Exceptions:
terror law) 1. Laws expressly provide;
-The lack of IRR can’t 2. When retroactivity is necessarily
suspend/invalidate the effectiveness implied;
of the law. 3. Curative in nature;
4. Procedural or remedial;
exception: (a) Not applicable in
pending cases, when expressly
provide; or,
IV. Article 3. Ignorance of the law (b) if applying to present
excuses no one from preceding will impair vested rights
compliance therewith. (c) Not feasible for justice/
prejudicial.
Notes: (d) impair the independence
1. This law is implemented to prevent of he court
people from escaping law in force. 5. When substantive rights are
2. Once a law is published, it covers all declared for the first time
people, thus, ignorance of the law Rules: (a) If involves statutes for
can’t be used as an excuse. the first time : becomes part of the
3. This applies to ordinances as well. law retroactively
(b) If doctrine is overruled :
A. Ignorance of Fact new doctrine should be applied
- Ignorance of foreign law is not an prospectively
ignorance of law but ignorance of fact. (c)if beneficial to the
- Court is not obliged judicial notice of accused : it can be retroactive
foreign law (d) if overturned and is not
- Foreign law should be pleaded and beneficial to the accused :
proven in PH court. (The copy of the prospective.
Foreign law should be authenticated and (e) if a retroactive law is
certified.) reversed : prospective, even if
beneficial to the accused.
● Doctrine of Processual (Carpio Morales case)
Presumption
If the foreign law is not pleaded or proved, it
will be presumed that it is the same with the VI. Article 5. Acts executed
PH law. (Orion Savings Bank v Suzuke) against the provisions of
mandatory or prohibitory laws
Note : Judges are presumed to know the shall be void, except when the
law in the PH. Incompetence amounts to law itself authorizes their
ignorance of law. validity.

V. Article 4. Laws shall have no Note: Directory - valid; usually uses the
retroactive effect, unless the word ‘may’.
contrary is provided.
General Rule : Acts executed against
General Rule : laws shall operate the provisions of mandatory or prohibitory
prospectively. laws shall be void
 Exceptions:
1. Law made the law voidable (e.g.
valid contracts unless annulled)
VII. 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 right
recognized by law.
Waiver – voluntary relinquishment of
rights
Elements:
1. Existence of rights
2. Knowledge of the existence thereof
3. Intention to relinquish such rights
Exceptions:
1. Contrary to law, public order, public
policy, morals or good customs (e.g.
right to life);
2. Prejudicial to a third person with a
right recognized by law;
Samples of right that can’t waive
1. Natural rights
2. Rights that do not exist
3. Waiver which will infringe upon
public policy
4. Political rights
5. Future support
6. Right to minimum wage
7. Right to counsel
● Can constitutional rights be
waived?
Yes. It can be waived if clear,
categorical, knowing and intelligent.
(Case: Arellano vs. Cui)
VIII. Article 7. Laws are repeal only
of subsequent ones, and their
violation or non-observance
shall not be excused by
disuse, or custom or practice
to the contrary.
When a court declare a law to
be inconsistent with the
Constitution, the former shall
be void and the latter shall
govern.
Administrative or executive
acts, orders and regulation
shall be valid only when they
are not contrary to the laws or
the Constitution.
Repeal – annul; revoke; abandon
and renounce
Mecano vs. COA
Note: ONLY legislative can repeal
the law.
1. Expressly – passes a new law,
which expressly repeal the old law.
(favored)
2. Implied – there is an irreconcilable
inconsistency. (general repealing
clause)
Rule: (a) if expressly repealed, it
will not revived the first law
(b) f impliedly repealed, it will
revive law number.
(CIR vs. Semirara mining corp. Gr
202534, Dec 8, 2018)
-end of discussion-