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Chapter 1. Preliminary Chapters

Effect and Application of Laws

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

Effectivity of laws
 Statutes without explicit effectivity provisions become effective after a 15-day period post-publication in the
Official Gazette or a newspaper of general circulation in the Philippines.
 The publication and 15-day period are crucial for public awareness of the statute.
 Full publication is mandatory to inform the public of the statute’s contents. [Tañada v. Tuvera]
 The rule applies to presidential decrees, executive orders, and administrative rules and regulations that enforce or
implement existing laws.
 Interpretative regulations and internal administrative guidelines do not require publication.
 City charters and all presidential decrees, including those naming public places or granting exemptions, must be
published.
 Circulars by the Monetary Board that detail the Central Bank Act must be published.
 Instructions on personnel assignments within government agencies do not need publication.
 Municipal ordinances are governed by the Local Government Code, not this publication requirement.

“Unless it is otherwise provided”

 “Unless it is otherwise provided” pertains only to the 15-day period, not to the publication requirement.
 Publication is mandatory for a law to be effective; without it, a law remains ineffective.
 If a law specifies a different period (shorter or longer) than the 15-day default, that specified period will take
precedence.
 A law stating it will take effect immediately means it will do so post-publication.

Laws
 Section 1 of E.O. No. 200 applies to all statutes, including local and private laws.
 Special laws with different effectivity mechanisms for specific statutes are exceptions.

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

Reason
 Founded on expediency, policy, and necessity.
 Every person is presumed to know the law.
 Laws passed by Congress, approved by President, and published are effective. Public is put on constructive notice
of law’s existence and effectivity.
 Ignorance of law is not a valid defense.
 Article 3 applies to mandatory and prohibitory laws.
 Article 3 is a consequence of the mandatory publication of laws. Without notice and publication, the maxim
doesn’t apply. Punishing citizens without notice would be unjust.

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

Non-retroactivity of laws
 Laws generally don’t apply retroactively unless stated otherwise.
 The law primarily looks to the future.
 Statutes are typically interpreted as having prospective operation.
 Retroactive effects require explicit legislative intent or necessary implication from the language used.
 Doubt regarding retroactivity should be resolved against retroactive effect.
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Retroactive application
 Legislature can pass retroactive laws if they don’t violate contracts or harm vested rights.
 Statutes aren’t typically interpreted to have retroactive effects on pending proceedings.
 Retroactive intent must be explicitly declared or clearly implied in the language of the law.

Instances when a law may be given retroactive effect:

1. The law expressly provides for retroactivity.

2. The law is curative or remedial.
3. The law is procedural.
4. The law is penal in character and favorable to the accused.

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

Mandatory and prohibitory laws

Mandatory provision of law — Law requires specific provision; its absence renders proceedings illegal or void.

Prohibitory law — Forbids specific actions; breaking them makes the act void and legally invalid.

If the law expressly provides for the validity of acts committed in violation of a mandatory or prohibitory provision of a
statute, such act shall be considered valid and enforceable.

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
 Waiver defined as intentional relinquishment of a known right.
 Must be clearly and convincingly shown.
 Can be shown through express stipulation or acts admitting no other reasonable explanation.
 Right must be in existence at the time of waiver.
 Must be exercised by a duly capacitated person actually possessing the right to make the waiver.

Prohibition against waiver

 Waivers must comply with law, public order, public policy, morals, and good customs. They should not prejudice a
third person’s rights recognized by law.
 Rights, protections, and advantages from statutes can be waived.
 Statutes aiming to promote public interests, liberty, and morals cannot be overridden by private agreements.

Article 7. Laws are repealed only by subsequent ones, and their violation or non-observance shall not be excused by disuse,
or custom, or practice to the contrary.

When the courts 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 regulations shall be valid only when they are not contrary to the laws
or the Constitution.

Repeal
 Repeal defined as legislative act abrogating effects of previous statute.
 Repeal can be express or implied.
o Implied repeal
 New law contradicts previous without expressly repealing.
 Implied repeals and amendments not favored.
o Express repeal — Declared by new law, specific, or general terms.
 Iloilo Panay and Corn Planters Association, Inc. v. Feliciano
o Repealing clause not express if it fails to identify or designate Act to be repealed.
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o Presumption against implied repeals applies.

 Rule in statutory construction:
o Special statute not repealed by subsequent general statute unless intent is clear.
o General law’s terms must manifest intent to repeal or alter special law.

Unconstitutional statutes
 The Constitution is the supreme law of the land.
 No ordinary statute can override a constitutional provision.
 Presumption favors the validity of statutes.
 Statutes should be interpreted to avoid conflict with the Constitution.
 Constitutionality of a statute depends on factors beyond enactment.
 Law enforcement actions post-enactment don’t affect constitutionality.

Partial unconstitutionality of statutes

 If a portion of a statute is unconstitutional, the valid parts are upheld. However, if parts are interdependent, all
connected provisions fall if some are unconstitutional.

Rules and regulations/administrative and executive acts

 Rules and regulations derive authority from laws and are considered sanctions provided by the law.
 Administrative agencies are tasked with enforcing laws and are often given leeway in implementing them.
 Courts must adhere to rules if the proper promulgation procedure is followed and if within statutory authority.
 Regulations must align with the law’s provisions and serve to execute its general intent.
 Regulations cannot extend the law’s scope but are valid if in line with executing the law.
 Violations of law and the Constitution by rules, regulations, or administrative acts render them invalid.

Article 8. Judicial decisions applying or interpreting the laws or the Constitution shall form part of the legal system of the
Philippines.

Judicial construction and interpretation

 Courts interpret vague provisions of law within legal controversies.
 Construction involves discovering and explaining the intention of the law’s authors. It clarifies how the law applies
to cases not explicitly covered.

Effect of judicial decision

 Judicial decisions are integral to the legal system of the Philippines. They carry the same authority as statutes until
officially overturned. They serve as criteria for compliance and enforcement.
 Decisions are evidence of legal meaning.
 Supreme Court decisions are authoritative and precedent-setting.
 Decisions from lower courts are persuasive, and judges are duty-bound to follow Supreme Court interpretations.

When judicial decisions deemed part of the law

 Supreme Court’s application and interpretation of a law establish contemporaneous legislative intent.
 Changes in Supreme Court doctrines are applied prospectively.
 New doctrines don’t apply to parties who relied on old ones, particularly in criminal law for predictability in
punishment.

Article 9. No judge or court shall decline to render judgment by reason of the silence, obscurity, or insufficiency of the laws.

Duty of judges
 Judges must dispense justice in line with constitutional due process. They shouldn’t avoid responsibility due to
legal gaps or vagueness.
 Equity, fairness, and justice should guide their decisions.
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 Judges are competent if their decisions are logical and reasoned.

Judicial legislation
 Government divided into three departments: executive, legislature, judiciary. Each department has separate
domains, cannot encroach on others.
 Legislature cannot execute laws, judiciary cannot legislate. Judiciary resolves legal disputes, interprets statutes.
Legislation is Congress’ function.
 Article 9 of Civil Code acknowledges courts may legislate in certain cases. Recognizes limitations of legislators to
foresee all situations.
 Courts may fill gaps in the law due to finite human capacity.

Article 10. In case of doubt in the interpretation and application of laws, it is presumed that the lawmaking body intended right
and justice to prevail.

Doubtful statutes
 Clear law must be applied as is, without judicial addition or subtraction.
 Court’s primary duty is to apply the law. Interpretation comes after demonstrating application is impossible or
inadequate.
 Ambiguous law requires fidelity to legislative purpose.
 Congress’ intent should not be frustrated.
 Doubtful language should not contradict the end sought by Congress.
 Supreme Court warns against narrowly interpreting statutes.
 Judicial duty includes construing statutes to avoid injustice or absurdity.
 Literal interpretation should be rejected if unjust or absurd.

Article 11. Customs which are contrary to law, public order, or public policy shall not be countenanced.

Article 12. A custom must be proved as a fact, according to the rules of evidence.

Custom
 Custom — A rule formed by repetition, socially observed, legally binding.
 Courts don’t recognize custom automatically. Custom must be proved with evidence.
 Local custom not considered unless properly established.
 Juridical custom can supplement statutory law, not social custom.
 Customs contrary to law, public order, or policy not accepted.
 Custom cannot override statutory or legal rules.

Article 13. When the laws speak of years, months, days, or nights, it shall be understood that years are of 12 calendar months;
[Superseded by months, or 30 days, unless it refers to a specific calendar month in which case it shall be computed according to the
Sec. 31, Chapter number of days the specific month contains; days, of 24 hours; and nights, from sunset to sunrise.
8, Book I of E.O.
In computing a period, the first day shall be excluded, and the last day included.
No. 292, s. 1987
(Revised
Administrative
Code of 1987))

Article 14. Penal laws and those of public security and safety shall be obligatory upon all who live and sojourn in Philippine
territory, subject to the principles of public international law and to treaty stipulations.

Obligatory force of penal laws

 Citizens and foreigners must obey penal laws and other laws for public security.
 Violations of these laws incur liability for both citizens and foreigners.
 Liability applies even if a foreigner is visiting the Philippines temporarily.
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Exception
 Foreigners can be liable for violating penal laws and public security regulations in the Philippines.
 Some cases grant immunity from criminal prosecution to foreigners based on international law and treaty
agreements.
 The 1961 Vienna Convention on Diplomatic Relations provides immunity to diplomatic agents, including
immunity from arrest or detention and from criminal jurisdiction.
 Heads of state visiting the Philippines are also immune from Philippine criminal jurisdiction.

Article 15. Laws relating to family rights and duties, or to the status, condition, and legal capacity of persons are binding upon
citizens of the Philippines, even though living abroad.

Nationality rule
 Filipino citizens are governed by Philippine laws concerning family rights, duties, status, condition, and legal
capacity, regardless of their location.
 If a Filipino citizen obtains an absolute divorce abroad, the Philippines does not recognize it if both parties are
Filipino.
 The Philippines only recognizes absolute divorce in cases of mixed marriages between a Filipino and a foreigner.
According to Article 26 of the Family Code, in the eyes of Philippine law, Filipino citizens who obtain a divorce
abroad are still considered married.
 Remarriage after obtaining a divorce abroad may be considered either concubinage (for the husband) or adultery
(for the wife) under Philippine law.

Article 16. Real property, as well as personal property, is subject to the law of the country where it is situated.

However, intestate and testamentary successions, both with respect to the order of succession and to the amount of
successional rights and to the intrinsic validity of testamentary provisions, shall be regulated by the national law of
the person whose succession is under consideration, whatever may be the nature of the property and regardless of
the country wherein the said property may be found.

Law governing real properties

 Law of the country where real property is located governs it.
 Order of succession and amount of successional rights regulated by deceased’s national law.
 Applies to both intestate and testamentary succession.
 Applies regardless of property nature.

Article 17. The forms and solemnities of contracts, wills, and other public instruments shall be governed by the laws of the
country in which they are executed.

When the acts referred to are executed before the diplomatic or consular officials of the Republic of the Philippines
in a foreign country, the solemnities established by Philippine laws shall be observed in their execution.

Prohibitive laws concerning persons, their acts or property, and those which have for their object public order,
public policy, and good customs shall not be rendered ineffective by laws or judgments promulgated, or by
determinations or conventions agreed upon in a foreign country.

Extrinsic validity
Forms and solemnities of public instruments, wills, and contracts are governed by the laws of the country where they are
executed.

Example: In Japan, a holographic will is valid even if the date is not in the handwriting of the testator. This contrasts with
Philippine laws where the contents of a holographic will, including the date, must be entirely in the handwriting of the
testator.

Acts before diplomatic and consular officials

 Diplomatic and consular officials represent the state. Acts or contracts made before them in a foreign country must
adhere to Philippine law solemnities.
 Host countries waive jurisdiction over premises of diplomatic offices.
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 Marriages between Filipinos abroad must follow Philippine laws.

 Consul officials abroad perform duties of local civil registrar and solemnizing officer for marriage.

Prohibitive laws
Prohibitive laws regarding persons, their acts, or property, as well as those concerning public order, policy, and customs,
remain valid under Philippine law despite foreign laws or judgments.

Article In matters which are governed by the Code of Commerce and special laws, their deficiency shall be supplied by the
18. provisions of this Code.