EFFECTIVITY OF AN

ORDINARY LAW AND THE

PUBLICATION REQUIREMENTS
 ARTICLE 2, CIVIL CODE OF THE
PHILIPPINES

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.
SCOPE OF THE EFFECTIVITY OF LAWS

1. Ordinary Law
2. The Civil Code
SCOPE OF THE EFFECTIVITY OF LAWS

Under Martial Law, the President, vested with law-making authority

may issue:
• General Orders (which may sometimes be similar to CODES)
• Presidential Decrees or Executive Orders (which may be
similar to STATUTES)
• Letters of Instruction or Letters of Implementation (which may
be similar to CIRCULARS)
• Proclamations (which are announcements of important things
or events)
EFFECTIVITY DATE OF AN ORDINARY LAW

1. On the date it is expressly provided to take effect.

2. If no such date is made, then after 15 days following the completion
of its publication in the Official Gazette (Art.2, Civil Code) or in a
newspaper of general circulation in the Philippines (EO 200, June
18,1987).
PUBLICATION REQUIREMENT
Laws shall take effect after 15 days following the completion of the
publication in the Official Gazette or in a newspaper of general
circulation.

“THE PUBLICATION MUST BE IN FULL OR IT IS NO

PUBLICATION AT ALL”
PUBLICATION IS INDISPENSABLE
But legislature may shorten or extend usual 15-day period.

“We hold therefore that all statutes, including those of local

application and private laws, shall be published as a condition for
their effectivity, which shall begin fifteen days after publication unless
a different effectivity date is fixed by the legislature.”

Tañada v Tuvera GR L-63915, December 29, 1986

Example: If an ordinary law or PD is published in the Official Gazette dated Aug. 4,
2022, it becomes effective, unless otherwise provided, on Aug. 20, 2022. – 16th day
after its publication.

Note: Administrative Code relating to effectivity “at the beginning of the

fifteenth day after the completion of the publication” has, therefore,
been repealed.
WHEN NO PUBLICATION IS NEEDED
• Law provides for its own effectivity (providing a date, or
upon approval), so long as it is not punitive in character.
• Related cases:
• ASKAY v. COSALAN, GR No. 21943, September 15, 1924
• BALBUNA v. Secretary of Education, GR No. L-1483, November 29,
1960
Law signed on the last hour of the day with express provision on
effectivity upon approval is effective even during the first hour of the
same day. Otherwise we would be confronted with a situation where the
fixing of date of effectivity would depend on the unreliable memory of
man. (Republic of the Phil. v. Encarnacion L-3936, December 29, 1950)
RULE RELATING TO EFFECTIVITY APPLIES TO
CIRCULARS WHEN IT HAS THE FORCE AND
EFFECT OF LAW

PRINCIPAL REASON FOR PUBLICATION:

Circular is PUNITIVE in character.
Circulars which are mere statements of general policy as to how the law
should be construed do NOT need presidential approval and publication
in the Official Gazette for their effectivity. (Victorias Milling Co. v.
Social Security Commission, L-16704, Mar. 17, 1962)
Covered by Rule of Publication
• Presidential Decrees, and executive Orders
• Administrative Rules and Regulations
• Charters of a City
• Circulars issued by the Monetary Board must be published if they are
meant not merely to interpret but to “fill in the details” of the Central
Bank Act (RA 265) which that body is supposed to enforce.

(Tañada v. Tuvera GR 63915, Dec. 29,1986)

No publication is required:

1. Interpretative regulations and those merely internal in nature, that is,

regulating only the personnel of the administrative agency and not the
public, need not be published.
2. Letters of instructions issued by administrative superiors concerning the
rules or guidelines to be followed by their subordinates in the
performance of their duties.
3. Municipal Ordinances (Covered by Local Government Code)

(Tañada v. Tuvera GR 63915, Dec. 29,1986)

DATE OF EFFECTIVITY OF THE NEW CIVIL
CODE
• CIVIL CODE
• ONE YEAR after its publication.
• PUBLICATION: Official Gazette June 1949 issue (circulated on August
30, 1949)