CHAPTER I EFFECT AND APPLICATION OF LAWS  Basis of the maxim Ignorantia

Legis non excusat

Art. 1- Civil Code  “Unless otherwise provided” in
 Civil Code- a collection of laws that regulate the Art. 2 of the NCC refers to the
private relations of the members of the civil date of effectivity and not the
society, determining their respective rights and publication requirement.
obligations, with reference to persons, things,  Ex: The family code
and civil acts. was effective 1 year
 History of Civil Code after its publication, not
Date of Effectivity 15 days.
Civil Code of Spain of December 7, 1889 o Where to publish?
1889 (Old Civil Code of  EO No. 200 (June 18, 1987)
the Philippines) amended Sec. 2 of the Civil
RA 386 (New Civil June 18, 1949 Code = Official Gazette and/or
Code of the Philippines) News Paper of General
 Sources Circulation.
o Spanish Civil Code of 1889  Published in
o Codes, laws and judicial decisions, work “Newspaper of General
of jurists of other countries Circulation”: (DSP)
o Doctrines laid down by the Supreme 1. For dissemination
Court of local news and
o Filipino Customs and Traditions general information
2. Has bonafide
o Philippine Statutes
subscription list of
o Code Commission
paying subscribers.
 Physical/Mechanical Composition 3. Published at
o Articles: 2,270 regular intervals.
o  Congress may change the
o Books: 4 forum or add fora by amending
 Book I- Persons the provisions of Art. 2
 Book II- Property, Ownership & o Publication must be in full or no
its modification publication at all.
 Book III- Different modes of o What does “shall take effect
acquiring ownership immediately upon its approval”
 Book IV- Obligations & mean? There is conflicting court
Contracts decisions.
 Effectivity= August 30, 1949  Farinas vs. Executive
Art. 2- Effectivity of Laws Secretary – effective after 15
 General rule: Law may provide its own date of days following the
effectivity completion of its publication
o If silent = automatically after 15 days either in Official Gazette or in
following its complete publication newspapers or General
o Interpreting the language: Circulation.
 15 days after its publication =  La Bugal-B’laan Tribal
15th day association, Inc. vs Ramos-
 After 15 days following its effective immediately upon
publication = 16th day publication.
 Publication requirement o Reduction/Extension of the 15-day
o Tanada vs. Tuvera period = may be shortened or
 Abandoned the Askay doctrine extended by the legislative
 Publication is an o Laws contemplated in Art. 2 = all
indispensable requirement laws, not just those of general
for the effectivity of laws, application.
even if the law itself provide for  Required:
its effectivity.  Presidential Decrees
 Clear object of publication of and Executive Orders
laws is to give the general  Administrative rules
public an adequate notice of and regulations
various laws which are to  Exception:
regulate their actions and 1. Merely
conduct as citizens. interpretative
 2. Internal in nature
 Monetary Board
Circulars
 Not required:
 Municipal Ordinances
– not covered by Civil
Code, but by the Local
Government Code.
 Supreme Court Decisions-
 Lawyers are expected
to keep abreast of
court decisions.
Art. 3- Ignorance of the law
 Presumption of knowledge of law=
conclusive
o Constructive, and not actual notice is
sufficient.
o Why? Provisions of law are
ascertainable from public and official
repositories.
o Because of the obligatory force of law.
 Presupposes the publication of the law in
order for it to have any legal justification at all.
 Laws covered
o All mandatory and prohibitory laws.
o Not applicable to foreign laws.
 No conclusive presumption of
knowledge of foreign laws.
 PH Courts cannot take judicial
notice of foreign laws.
 They must be alleged and
proved.
 Ignorance of foreign law =
mistake of fact, not of law.
 Doctrine of Processual
presumption/ presumed-
identity approach- if the
foreign law is not properly
alleged and proved, the court
will presume that it is the
same as our local/domestic
law.
 Ignorance of law is not an excuse, but
ignorance of fact can be.
 Mistake upon a doubtful/difficult question of
law may be the basis of good faith.
Art. 4- Prospective Application of Law
 General rule: Laws are of prospective effect;
lex prospicit, non respicit
o Exception: (PPPCS)
1. The law itself provides for its
retroactivity
2. Penal laws are favorable to the
accused.
3. If the law is procedural
4. When the laws are curative
5. When the law creates new
substantive rights.
 Retroactive law- laws intended to affect
transactions that occurred or rights that accrued
before they became operative.
 Relates to the obligatory force of law; A law
that has not yet become effective cannot be
considered as conclusively known by the
people.
 Laws that provide for its effectivity
o Exceptions: (ECV)
1. Will result in an ex post facto law
 Ex post facto- laws that would
make a previous act criminal
 Requisites: (CRP)
1. must refer to
criminal matters
2. retroactive in its
application
3. prejudicial to the
accused
2. Will result in impairment of the
obligation of contracts
 Enlares, abridges or
changes the intent of the
parties to the contact
 Exception: in valid exercise
of the police power of the
government
3. Impairs vested rights.
 Penal laws favorable to the accused
 Procedural or remedial laws
o Applicable to actions pending and
undetermined at the time of the passage
of said procedural/remedial laws.
 Only to laws which are purely
procedural and do not affect
substantive rights. Otherwise,
it cannot be enacted
retroactively.
o The reason behind: no vested right
may attach nor arise from procedural
law.
 Curative laws
o Curative laws are enacted to cure
defects in a pior law or validate legal
proceedings, instruments or acts of
public authorities, which otherwise
would be void for want of conformity w/
certain legal requirements.
o The very nature of curative law is
retroactive.
o Exception: (CVJ)
 Violation of constitutional
provisions
 Destroy vested rights.
 Affect judgment that has
become final.
 Law creating new substantive rights
o Provided that it has not prejudiced
another acquired right of the same
origin.
Art. 5- Mandatory or Prohibitory Laws
 Mandatory, prohibitory and permissive laws
o Mandatory = Something must be done
 o Prohibitory = something must not be
done.
o Permissive/Directory= what it permits
to be done must be tolerated/respected.
 General rule: Act executed against the
provisions of mandatory or prohibitory laws are
void.
o Exception: (AVV)
1. When the law itself authorizes its
validity.
2. When the law makes the act valid,
but punishes the violator.
3. Where the law merely makes the
act voidable, that is valid unless
annulled.
Art. 6- Waiver of Rights
 Elements of Rights (SOE)
1. Subject- persons
a. Active subject- one who is entitled
to demand the enforcement of a
right.
b. Passive subject- one who is duty-
bound to suffer its enforcement.
2. Object- things and services
3. Efficient Cause- fact that gives rise to the
legal relation.
 Kinds of rights
o Political- participation of persons in the
government of the state
o Civil (PFP)- all the other rights
 Personality/Human rights-
cannot be waived
 Family rights- cannot be
waived
 Patrimonial rights- can be
waived.
 Personal vs. Real rights (Patrimonial rights)
o Real right- over a specific thing, w/o
passive subject individually determined
against whom such right may be
personally exercised, enforceable
against the whole world.
o Personal right- power belonging to one
person to demand of another, as a
definite passive subject, the fulfillment of
a presentation to give, to do or not to do.
 Waiver- voluntary and intentional
relinquishment or abandonment of a known
existing legal right, advantage, benefit, claim
or privilege, which except for such waiver the
party would have enjoyed
 Requisites of a Valid waiver (PCCC)
1. Person making the waiver possesses the
right.
2. He has the capacity and the power to
dispose of the right.
3. The waiver must be clear and unequivocal
(may be expressed/implied)
4. Waiver is not contrary to law, public
policy, public order, morals, good
customs, or prejudicial to a third person
with a right recognized by the law.
 What privileges may be waived? Rights and
privileges of any character so long as it does
not infringe the rights of others nor is it
forbidden by law, etc.
Art. 7- Repeal of Laws
 Ways of repeal of laws
o Express- contained in a special
provision of a subsequent law, known as
the repealing clause, the latter
identifies or designates the law to be
abolished.
o Implied- provisions of the subsequent
laws are incompatible with those of
an earlier law and there is no repeal.
 Irreconcilable inconsistency
and repugnancy exist between
the old and new laws.
 Implied repeals are not
favored.
 Implied repeals
o Why not favored? Because it rests on
mere presumption that because there
is incompatibility, there is an intention to
repeal the old law.
o Presumption against implied repeal
 There must be a plain,
unavoidable and
irreconcilable repugnancy
between the old and new laws.
 If both can stand together by
reasonable construction, both
shall be sustained.
 The legislature is presumed to
have known the existing laws
on the subject and not have
enacted conflicting statutes.
 All doubts must be resolved
against implied repeals.
o Requisites:
1. The law covers the same matter.
2. The latter is repugnant to the earlier
 Requirement of repugnancy-
there must be a repugnancy
between the laws that they
cannot be made to stand
together.
 Conflict between general and special laws
o Special statute shall prevail because it
evinces the legislative intent more
clearly.
o General law enacted PRIOR to special
law= the special law is an exception to
the general law.
o General law enacted AFTER special
law= the special law remains
 Exception:
1. There is express
declaration to the contrary.
 2. There is clear, necessary
and irreconcilable
conflict.
3. Unless the subsequent
general law covers the
whole subject matter and
is clearly intended to
replace the special law.
 Repeal of a repealing law
o Effect depends on whether the
previous repeal was express or
implied.
 Express repeal- law first
repealed shall NOT be revived.
 Implied repeal- the prior law
shall be revived.
 Constitution
o A law not consistent with the constitution
is NOT VALID.
o Power of judicial review- exercised by
the Supreme Court to determine the
constitutionality of a statute or
administrative action.
o Effect of declaration of
unconstitutionality- the subsequent
law will be VOID, while the latter shall
GOVERN.
 Recognizes that before an act is
considered unconstitutional, it is
an operative fact which can be
the source of rights and
duties.
Art. 8- Judicial Decisions
 The decisions of the Supreme Court form part
of the country’s legal system.
 General rule: Only decisions of SC can
establish jurisprudence or doctrines.
Subordinate courts’ decisions are merely
persuasive, but not mandatory.
o Exception: Decisions of CA covering a
point still undecided in the PH = may
be a guide for inferior courts.
 By nature, SC decisions are retroactive.
 New doctrines decided shall be applied
prospectively and shall not be applied to old
parties who had relied on the old doctrine
and acted on its faith.
 Doctrine of Stare Decisis
o When a court has laid down a principle
of law as applicable to a certain state of
fatcs, it will adhere to that principle and
apply it to all future cases in which the
facts are substantially the same.
Art. 9- Silence, obscurity, or insufficiency of laws
 Applicability to Criminal prosecution
o A person accused of non-existent
crime = dismissed
 Nullum Crimen, Nulla Poena
Sine Lege (there is no crime
when there is no law punishing
it.)
 In case of silence, obscurity or insufficiency
of laws
o Apply the custom of the place, and in
default thereof, the general principles
of law and justice.
Art. 10- Doubt in Interpretation or Application of laws
 The first duty of the judge is to apply the law,
provided that it is clear and it raises no doubt.
 Dura Lex Sed Lex
 When can equity be applied?
o In the absence, and never against,
statutory law or judicial rule of
procedure.
Art. 11-12 Customs
 Customs- rule of conduct formed by repetition
of acts, uniformly observed as a social rule,
legally binding and obligatory.
 Requisites: (for customs to acquire
suppletory nature) (PUGCGC)
1. Plurality of acts or various resolutions of
a juridical question raised repeatedly in life.
2. Uniformity or identity of acts, or various
solutions to the juridical question.
3. General practice by the great mass
4. Continued performance for a long period
of time.
5. General conviction that the practice
corresponds to a juridical necessity or
that it is obligatory.
6. Practice must not be contrary to law,
morals, or public order.
 Customs are not subject to judicial notice
because they must be proven as a fact.
Art. 13- Computation of Period
 Laws governing Computation of period:
1. Art. 13 of the New Civil Code
2. Section 31, Chapter 8, Book 1 of the 1987
Administrative Code
o The court ruled that the Administrative
Code impliedly repealed the New Civil
Code.
 Computation
o Year = 12 Calendar Months, regardless
if leap year or regular.
 In the new Civil Code= 365
days whether regular or leap
year.
o Months = 30 days unless referring to a
specific month.
o Day = 24 hours
o Night = sunset to sunrise
 Computing period
o Exclude the first day, include the last
day.
 Ex: March 1- Summons was
receved directing to file an
answer 15 days after.
 March 16- expiration of
the 15-day period.
Art. 14- General Applicability of Penal Laws
 Characteristics of Penal Laws (TPG):
 1. Territorial- have no effect outside the state’s PH laws, his national law cannot be
territorial jurisdiction, subject to exceptions. ignored.
2. Prospective- no felony shall be punished by  Renvoi Doctrine- literally means referring back
any penalty not prescribed by law prior to its o Arises when there is a doubt as to
commission. whether a reference to a foreign law is a
o Exception: Favorable to an accused reference to the internal law of said
that is not a habitual delinquent foreign law minus its conflict of laws.
3. General- applies to every person within the o Usually pertinent where the decedent
territory; obligatory upon all those who lives is a domicile of one country and a
and sojourn in the PH. resident of the other.
o Exceptions: Art. 17- Lex Loci Celebrationes
1. Treaty stipulation  Concept: The forms, and solemnities of
2. Laws of preferential application contracts, wills and other public instrument are
3. Principles of Public International governed by the laws of the country which they
law (ex: diplomatic representatives- are executed.
ambassadors, public ministers etc.)  Intrinsic validity of contracts = nothing is
Art. 15- Nationality Principle provided in the PH laws. Rule followed by most
 Concept: Laws (as stated below) are binding systems:
upon citizens of the Philippines, although living o Proper law of the contract = “lex
abroad (FSCL). contractus”
1. Family rights and duties o Laws agreed upon by the parties = “Lex
2. Status and Condition loci voluntatis”
a. Divorce between Filipinos o Law intended by the parties = Lex Loci
(although living abroad) is not valid intentiones
b. Divorce obtained by foreigners  PH adopts the most basic rule of: allowing the
may be recognized in the parties to select the law applicable to their
Philippines, provided they are valid contract so long as it is not contrary to law,
in their national law. public policy, morals, etc.
i. Reckoning point in o Exception: Filipinos are not allowed to
determining citizenship
make a will jointly or in the same
(in cases of recognition of
instrument/ Joint will
divorce)= citizenship at the
time a valid divorce is  Acts executed before diplomatc or consular
obtained abroad. offices of PH (even in the foreign country) =
ii. Legal standing of a shall be governed by PH Laws.
divorced person to sue for Art. 18 Suppletory Application of the Civil Code
adultery = no legal  The provisions of the Civil Code shall apply
standing, as he is no suppletorily to matters governed by the
longer the husband. Code of Commerce.
c. Divorce in Mixed Marriages shall
capacitate both parties to remarry
as long as the divorce obtained is
validly obtained abroad (Art. 26,
FC).
3. Conditions of person
4. Legal Capacity
Art. 16- Principle of Lex Rei Sitae
 Real and personal properties are subject to
the law of the country where they are
situated.
o Why? The nature of immovable
properties—its immobility.
o Exception: In cases of succession, it is
the national law of the decedent which
will govern, with respect to:
1. Order of succession
2. Amount of successional rights
3. Intrinsic validity of testamentary
succession
Even if there is a provision in the
foreigner’s last will and testament that
his will shall be distributed according to