A. When do laws take effect?

- New Civil Code (NCC), Art. 2 [R.A. 386]

Article 2. Laws shall take effect after fifteen days following the completion of their publication in the
Official Gazette, unless it is otherwise provided. This Code shall take effect one year after such
publication.

- Executive Order 200 Sec. 1 & 2 [E.O. No. 200]

Sec. 1. Laws shall take effect after fifteen days following the completion of their publication either in the
Official Gazette or in a newspaper of general circulation in the Philippines, unless it is otherwise
provided.

Sec. 2. Article 2 of Republic Act No. 386, otherwise known as the "Civil Code of the Philippines," and all
other laws inconsistent with this Executive Order are hereby repealed or modified accordingly.

NOTES:

* The laws take effect after 15 days and the laws to be effective must be published either in the Official
Gazette or in a newspaper of general circulation in the country.

*Art 2 means laws take effect after 15 days following the publication

* Publication - meanss to make known in general

* Law

- is a set of rules that are created and enacted and enforced by social/government institutions to
regulate behavior

- fundamental law of the land is the Constitution

- enactment of the law is the Congress: Senate and House of Representatives

TANADA vs. TUVERA G.R. No. L-63915, April 24, 1985

FACTS: Petitioners filed a writ of mandamus to compel respondent publish officials to publish in the
Official Gazette various presidential decrees, proclamations, executive orders, etc. as the respondent
failed to publish the said decrees at all. The respondent contended that while publication was necessary
as a rule, it was not so when it was otherwise provided, as when the decrees themselves declared that
they were to become effective immediately upon approval.

ISSUE: Whether or not the mandatory publication of the law in the Official Gazette is a requirement of
its effectivity. (YES)

RULING: Article 2 of the Civil Code states that all laws must be given 15 days upon its publication in the
Official Gazette for it to be enacted. This is to give sufficient time for the people to learn of such laws as
well as to respect their right to be informed. The Court ordered the respondent to publish in the Official
Gazette all unpublished presidential issuances which are of general application, and unless so published,
they shall have no binding force and effect.

B. Ignorance of the law

- New Civil Code (NCC), Art. 2 [R.A. 386]

Article 3. Ignorance of the law excuses no one from compliance therewith.

NOTE:

* This means that there is a conclusive presumption that everyone knows the law, even if they have no
actual knowledge of the law as long as there has been publication.

Exceptions:

- mistake of fact

- mistake of difficult question of law / mistake of law

- Kasilag v. Rodriquez, 69 Phil 217 [G.R. No. 46623]

FACTS: Marcial Kasilag and EmilianaAmbrosio entered a contract of mortgage of improvements of land
acquired as homestead to secure the payment of the indebtedness of P1,000 plus interest. The parties
stipulated that Emilina Ambrosio was to pay the debt with interest within 4 ½ years., and in such case,
mortgage would not have any effect. They also agreed that Emiliana Ambrosio would execute a deed of
sale if it would not be paid within 4 ½ years and that she would pay the tax on the land. After a year, it
turned out that she was not able topay the tax. Hence, they entered a verbal agreement whereby she
conveyed to the latter the possession of the land on the condition that they would not collect the
interest of the loan, would attend to the payment of the land tax, would benefit by the fruits of the land,
& would introduce improvement thereof.

These pacts made by the parties independently were calculated to alter the mortgage a contract clearly
entered into, converting the latter into a contract of antichresis. The contract of antichresis, being a real
encumbrance burdening the land, is illegal and void because it is legal and valid.

ISSUES: Whether or not petitioner has a valid legal defense of ignorance of the law

RUlING: YES. The petitioner is not a lawyer and therefore not conversant with the laws. When he
accepted the mortgage of the improvements, it is based on his well-grounded belief that he is was not
violating the prohibition on the alienation of land. Thus is possessing, and consenting the receipt of its
fruits, he has no knowledge that this is already in the nature of a contract of antichresis, which as a lien,
was prohibited by section 116. Therefore, petitioner's ignorance of the provisions of section 116 is
excusable and may, therefore, be the basis of his good faith.

C. Retroactivity

- New Civil Code (NCC), Art. 4 [R.A. 386]

Article 4. Laws shall have no retroactive effect, unless the contrary is provided.

General Rule: laws shall have only a prospective effect and must not be applied retroactively

Exceptions

(1) When the law itself expressly provides Exceptions to Exception

(2) In case of remedial statutes

(3) In case of curative statutes

(4) In case of laws interpreting others

(5) In case of laws creating new rights

- Revised Penal Code RPC, Art. 22 [Act No. 3815]

Article 22. Retroactive effect of penal laws. - Penal Laws shall have a retroactive effect insofar as they
favor the persons guilty of a felony, who is not a habitual criminal, as this term is defined in Rule 5 of
Article 62 of this Code, although at the time of the publication of such laws a final sentence has been
pronounced and the convict is serving the same.

- New Civil Code (NCC), Art. 2252-2269 [R.A. 386]

Article 2252. Changes made and new provisions and rules laid down by this Code which may prejudice
or impair vested or acquired rights in accordance with the old legislation shall have no retroactive effect.

For the determination of the applicable law in cases which are not specified elsewhere in this Code, the
following articles shall be observed: (Pars. 1 and 2, Transitional Provisions).

Article 2253. The Civil Code of 1889 and other previous laws shall govern rights originating, under said
laws, from acts done or events which took place under their regime, even though this Code may
regulate them in a different manner, or may not recognize them. But if a right should be declared for the
first time in this Code, it shall be effective at once, even though the act or event which gives rise thereto
may have been done or may have occurred under prior legislation, provided said new right does not
prejudice or impair any vested or acquired right, of the same origin. (Rule 1)

Article 2254. No vested or acquired right can arise from acts or omissions which are against the law or
which infringe upon the rights of others.

Article 2255. The former laws shall regulate acts and contracts with a condition or period, which were
executed or entered into before the effectivity of this Code, even though the condition or period may
still be pending at the time this body of laws goes into effect.

Article 2256. Acts and contracts under the regime of the old laws, if they are valid in accordance
therewith, shall continue to be fully operative as provided in the same, with the limitations established
in these rules. But the revocation or modification of these acts and contracts after the beginning of the
effectivity of this Code, shall be subject to the provisions of this new body of laws. (Rule 2a)

Article 2257. Provisions of this Code which attach a civil sanction or penalty or a deprivation of rights to
acts or omissions which were not penalized by the former laws, are not applicable to those who, when
said laws were in force, may have executed the act or incurred in the omission forbidden or condemned
by this Code.

If the fault is also punished by the previous legislation, the less severe sanction shall be applied.
If a continuous or repeated act or omission was commenced before the beginning of the effectivity of
this Code, and the same subsists or is maintained or repeated after this body of laws has become
operative, the sanction or penalty prescribed in this Code shall be applied, even though the previous
laws may not have provided any sanction or penalty therefor. (Rule 3a)

Article 2258. Actions and rights which came into being but were not exercised before the effectivity of
this Code, shall remain in full force in conformity with the old legislation; but their exercise, duration and
the procedure to enforce them shall be regulated by this Code and by the Rules of Court. If the exercise
of the right or of the action was commenced under the old laws, but is pending on the date this Code
takes effect, and the procedure was different from that established in this new body of laws, the parties
concerned may choose which method or course to pursue. (Rule 4)

Article 2259. The capacity of a married woman to execute acts and contracts is governed by this Code,
even if her marriage was celebrated under the former laws.

Article 2260. The voluntary recognition of a natural child shall take place according to this Code, even if
the child was born before the effectivity of this body of laws.

Article 2261. The exemption prescribed in article 302 shall also be applicable to any support, pension or
gratuity already existing or granted before this Code becomes effective.

Article 2262. Guardians of the property of minors, appointed by the courts before this Code goes into
effect, shall continue to act as such, notwithstanding the provisions of article 320.

Article 2263. Rights to the inheritance of a person who died, with or without a will, before the effectivity
of this Code, shall be governed by the Civil Code of 1889, by other previous laws, and by the Rules of
Court. The inheritance of those who, with or without a will, die after the beginning of the effectivity of
this Code, shall be adjudicated and distributed in accordance with this new body of laws and by the
Rules of Court; but the testamentary provisions shall be carried out insofar as they may be permitted by
this Code. Therefore, legitimes, betterments, legacies and bequests shall be respected; however, their
amount shall be reduced if in no other manner can every compulsory heir be given his full share
according to this Code. (Rule 12a)

Article 2264. The status and rights of natural children by legal fiction referred to in article 89 and
illegitimate children mentioned in article 287, shall also be acquired by children born before the
effectivity of this Code.

Article 2265. The right of retention of real or personal property arising after this Code becomes
effective, includes those things which came into the creditor's possession before said date.

Article 2266. The following shall have not only prospective but also retroactive effect:

(1) Article 315, whereby a descendant cannot be compelled, in a criminal case, to testify against his
parents and ascendants;
(2) Articles 101 and 88, providing against collusion in cases of legal separation and annulment of
marriage;

(3) Articles 283, 284, and 289, concerning the proof of illegitimate filiation;

(4) Article 838, authorizing the probate of a will on petition of the testator himself;

(5) Articles 1359 to 1369, relative to the reformation of instruments;

(6) Articles 476 to 481, regulating actions to quiet title;

(7) Articles 2029 to 2031, which are designed to promote compromises.

Article 2267. The following provisions shall apply not only to future cases but also to those pending on
the date this Code becomes effective:

(1) Article 29, Relative to criminal prosecutions wherein the accused is acquitted on the ground that his
guilt has not been proved beyond reasonable doubt;

(2) Article 33, concerning cases of defamation, fraud, and physical injuries.

Article 2268. Suits between members of the same family which are pending at the time this Code goes
into effect shall be suspended, under such terms as the court may determine, in order that compromise
may be earnestly sought, or, in case of legal separation proceedings, for the purpose of effecting, if
possible, a reconciliation.

Article 2269. The principles upon which the preceding transitional provisions are based shall, by analogy,
be applied to cases not specifically regulated by them.

- Acosta v. Plan, 169 SCRA 591, January 30, 1989 [G.R. No. L-44466]

FACTS: Petitioners filed an accion publiciana against private respondent Magday at the Court of First
Instance of Isabela. Believing that as pauper litigants they did not have to submit a record on appeal,
they waited for the trial court to elevate the entire records of the case to CA (as provided in Section 16,
Rule 41 of the Rules of Court).

On June 16, 1976, respondent Judge dismissed the appeal for failure to file a record on appeal, hence
this petition. Under the Rules of Court then in force, a record on appeal was indeed required to be filed
by a pauper appellant although it did not have to be printed.

ISSUE: Whether or not a timely submission of a record on appeal is required for the perfection of an
appeal by a pauper litigant
RULING: No. Under Batas Pambansa Blg. 129, which has overtaken this case before it could be decided,
a record on appeal is no longer required for the perfection of an appeal. This law was given retroactive
effect.

As held in People v Sumilang, being procedural in nature, those provisions may be applied retroactively
for the benefit of petitioners, as appellants. 'Statutes regulating the procedure of the courts will be
construed as applicable to actions pending undetermined at the time of their passage. Procedural laws
are retrospective in that sense and to that extent.'

The trial court is hereby ordered to forward the entire records of Civil Case No. 1201 to the Court of
Appeals for the determination and disposition of the petitioners' appeal on the merits.

D. Acts executed against mandatory or prohibitory laws

- New Civil Code (NCC), Art. 5 [R.A. 386]

Article 5. Acts executed against the provisions of mandatory or prohibitory laws shall be void, except
when the law itself authorizes their validity.

F. Repeal of laws

Repeal - a law is no longer effective

2 kinds of repeal of laws: express repeal and implied repeal.

(1) Express or declared repeal means that the repeal is contained in a special provision of a subsequent
law.

(2) Implied or tacit repeal takes place when the provisions of the subsequent law are incompatible or
inconsistent with those of an earlier law.

I. Elements of prejudicial question.

— The two (2) essential elements of a prejudicial question are:

(a) the civil action involves an issue similar or intimately related to the issue raised in the criminal action;
and

(b) the resolution of such issue determines whether or not the criminal action may proceed.