ARTICLE 2.

LAWS SHALL TAKE EFFECT AFTER FIFTEEN (15) DAYS FOLLOWING THE COMPLETION OF THEIR PUBLICATION IN THE
OFFICIAL GAZETTE, UNLESS IT IS OTHER PROVIDED. THIS CODE SHALL TAKE EFFECT ONE YEAR AFTER SUCH PUBLICATION.

Article 2 provides for the effectivity of two (2) kinds of law, namely:

Ordinary Law
o Takes effect on the date it is expressly provided.
o If no such date is made, then after 15 days following the completion of its publication in the Official
Gazette or in a newspaper of general circulation (As amended by EO 200, dated June 18, 1987)

When publication is needed when:

Laws shall take effect after 15 days following the completion of the publication in the Official Gazette or in a
newspaper of general circulation.

Note:
o The publication must be in full or it is no publication at all, since its purpose is to inform the public of the
contents of the laws.
o after 15 days following means on the 16th day following publication

No publication is need when:

A law provides for its own effectivity

Rules on Article 2 is also Applicable to Certain Circulars but not to All

Rule applied to Executive Orders and Administrative Rules:

Must conform to standards of the law. (Tayug Rural Bank v. Central Bank, GR 46158, Nov. 28, 1986)
Administrative Rules have the force of law
o If conflict exists between basic law and a rule or regulation issued to implement it, the basic law prevails.

Date of Effectivity of the New Civil Code (BAR)

Took effect on Aug. 30, 1950, which is exactly one (1) year after the Official Gazette publishing the Code was
released for circulation. the said release having been made on Aug. 30, 1949.

Note:
o Revised Administrative Code (Sec. 11), for the purpose of fixing the date of issue of the Official Gazette,
it is conclusively presumed to be published on the date indicated therein as the date of issue.
o Review case of Lara v. Del Rosario (GR 6339, 50 O.G. 1957) for reference

ARTICLE 3. IGNORANCE OF THE EXCUSES NO ONE FROM COMPLIANCE THEREWITH.

Based on the Latin maxim ignorantia legis non excusat.

Applicability:

All kinds of domestic laws, whether civil or penal, whether substantive or remedial.
Only refers to mandatory or prohibitive laws, not to permissive or suppletory laws.
Ignorance of foreign law is not ignorance of the law, but ignorance of the fact. It must be alleged and proved as
matters of fact.

Note: If foreign law is not properly alleged and proved, the presumption is that it is the same as our (Philippine)
law (Processual Presumption).
 Scope:

It not only refers to the literal words of the law itself, but also to the meaning or interpretation given to said law
by our courts of justice.

Note: Ignorance of the fact eliminates criminal intent, as long as there is no negligence.

Ignorance of the Law as the Basis of Good Faith

Civil code specifically provides that a mistake on a doubtful or difficult question of law may be the basis of good faith.
However, a person is still liable, but his liability shall be mitigated.

ARTICLE 4. LAWS SHALL HAVE NO RETROACTIVE EFFECT, UNLESS THE CONTRARY IS PROVIDED.

Laws are generally prospective because if it were retroactive, grave injustice would occur, for these laws would punish individuals
for violations of laws not yet enacted. Article 3 of the Civil Code refers only to laws that have already been enacted.

Exceptions to the Prospective Effects of Laws:

If the law themselves provide for retroactivity, but in no case must an ex post facto law be passed.
o Ex post facto law - is a law that retroactively changes the legal consequences (or status) of actions that
were committed, or relationships that existed, before the enactment of the law.
If the laws are remedial in nature
o There are no vested rights in rules of procedure. Thus, new rules of court on procedure can apply to
pending actions.
If the statute is penal in nature, provided:
o It is favorable to the accused or to the convict;
o The accused or convict is not a habitual delinquent as the term is defined under the Revised Penal Code.
(Article 22, Rev. Penal Code).
If the laws are of an emergency nature and are authorized by the police power of the government.
If the law is curative, provided:
o It must not impair vested rights nor affect final judgments
If a substantive right be declared for the first time, unless:
o Vested (acquired) rights are impaired.

ARTICLE 5. ACTS EXECUTED AGAINST THE PROVISIONS OF MANDATORY OR PROHIBITORY LAWS SHALL BE VOID, EXCEPT WHEN
THE LAW ITSELF AUTHORIZES THEIR VALIDITY.

Kinds of Mandatory Legislation (Law):

o Positive when something must be done

Exceptions to Article 5:

When the law makes the act not void but voidable (valid, unless annulled) at the instance of the victim.
o Mun. of Camiling v. Lopez, L-89945, May 23, 1956
When the law makes the act valid, but subjects the wrongdoer to criminal responsibility.
o Art. 351, Rev. Penal Code; See 1 Manresa 64-65
When the law makes the act itself void, but recognizes some legal effects flowing therefrom.
o Art. 54, Family Code
When the law itself makes certain acts valid although generally they would have been void.
ARTICLE 6. RIGHTS MAY BE WAIVED, UNLESS THE WAIVER IS CONTRARY TO LAW, PUBLIC ORDER, MORALS, OR GOOD CUSTOMS,
OR PREJUDICIAL TO A THIRD PERSON WITH A RIGHT RECOGNIZED BY LAW.

As a general rule, Rights may be waived.

Exceptions:

When the waiver is contrary to law, public order, public policy, morals, or good customs.
When the waiver is prejudicial to a third person with a right recognized by law
o Unless, the waiver is made with the consent of the third person.

Definitions:

Right the power or privilege given to one person and as a rule demandable of another.

Classification of rights:

Real rights (jus in re, jus in rem) enforceable against the whole world (absolute rights)
Personal rights (jus in personam, jus ad rem) enforceable against a particular individual (relative rights)

Waiver the intentional or voluntary relinquishment of a known right.

Requisites of a valid waiver:

The person waiving must be capacitated to make the waiver

The waiver must be made clearly, but not necessarily express.

The person waiving must actually have the right which he is renouncing; otherwise, he will not be
renouncing anything
In certain instances the waiver, as in the express remission of a debt owed in favor of the waiver, must
comply with the formalities of a donation
The waiver must not be contrary to law, morals, public policy, public order, or good customs
The waiver must not prejudice others with a right recognized by law.
Rights that CANNOT be waived:
Natural Rights or Right to Life
Alleged rights which do not yet exist
Renunciation that will infringe public policy
Examples:
o Right to be heard in court
o Waiver of the legal right to repurchase a homestead that had been sold if the waiver is made in
advance
o A waiver in advance of the one-month separation pay, unless it is waived after the right has
accrued
o A tenant is not allowed to waive his right to the exemption provided by the Rice Tenancy Act from
lien and attachment of 25% of his share in the land products because such a waiver would be
equivalent to a waiver of the tenants right to live (Maniego v. Castelo, L-9855, Apr. 29, 1957)
o A waiver of the 10-year period for suing a written contract
o A stipulation requiring the recipient of a scholarship grant to waive (before receiving said award)
his right to transfer to another school, unless he refunds the equivalent of his scholarship in cash,
is null and void.
When the waiver is prejudicial to a third person with a right recognized by law
 Rights that may be Renounced

Support in arrears
The right granted to prepare at least two days before trial is waivable, expressly or impliedly.
The right to object to testimony of a wife on information obtained because of her domestic relations with her
husband, is waived when a husband accused of killing his son, does not only deny his guilt, but also points to the
wife as the killer.
The right of the accused to be helped by counsel may also be waived; provided, the judge informs said accused of
his right
The right of the accused in a criminal case to have a preliminary investigation may be waived
The venue of actions, (the place where the action should be brought) may be waived, but not the courts
jurisdiction
Although a tax obligation has already been extinguished by prescription, the taxpayer may waive the benefit
granted by law by reason of said prescription by the execution of a chattel mortgage to secure the same
An individual who accepts the office of an executor or administrator may waive compensation therefor
The right to the back pay of an employee who has been dismissed without any justifiable cause may be waived by
him, provided he has been put back to work
Failure to ask for vacation and sick leave privileges after a period of more than 5 years constitutes a valid waiver
unless the intent of the law granting the same is clearly otherwise. The purpose of the privilege is to give the
employee a much needed rest, and not merely an additional salary. The privilege must be demanded in opportune
time, and if he allows the years to go by in silence, he waives it

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.

Sources of Law:

Constitution
Laws or Presidential Decree
Administrative or Executive Acts
Orders
Regulations

Laws are repealed:

Expressly
Implied, provided there are no inconsistencies between prior and a subsequent law

Rule for General and Special Laws

If the general law was enacted before the special law, the special law is considered the exception to the general law.
If the general law was enacted after the special law, the special law remains, unless:
o There is an express declaration to the contrary
o There is a clear, necessary and unreconcilable conflict (Cia General v. Coll. of Customs, 46 Phil. 8)
o Unless the subsequent general law covers the whole subject and is clearly intended to replace the special law
on the matter

Review case of Bocobo v. Estanislao, L-30458, Aug. 30, 1976

Laws may lapse without the necessity of any repeal as exemplified by the law grating the President, Emergency Powers or
the annual appropriations law.

Note: An offense is still punishable if the law prohibiting it merely lapsed, however, if the law prohibiting it is completely
repealed, then said offense is no longer punishable.

Effect if the Repealing Law is Itself Repealed:

When a law which expressly repeals a prior law is itself repealed, the law first repealed shall not be thereby
revived, unless expressly so provided.

Example:

Law A is repealed by Law B, Law B is then repealed by Law C. Law A is not revived unless expressly provided
by Law C.

When a law which repeals a prior law, not expressly but by implication, is itself repealed, the repeal of the
repealing law revives the prior law, unless the language of the repealing statute provides otherwise.

Example:

Law A is impliedly repealed by Law B, Law B is then repealed by Law C. Law A is revived unless Law C
provides otherwise.

Non-Observance of the Law

Disuse, custom, or practice to the contrary does not repeal a law.

Executive Fiat Cannot Correct a Mistake

A mistake in the law or in legislation CANNOT be corrected by executive fiat but by another legislation.

Unconstitutional Laws, Treaties, Administrative or Executive Orders

Rule under the 1935 Constitution

To declare a law or a treaty unconstitutional, eight (8) Justices of the Supreme Court out of eleven (11) must so
declare.
To declare an executive or administrative order or municipal ordinance unconstitutional, six (6) Justices must so
declare

Rule under the 1973 Constitution

To declare a law or a treaty unconstitutional, at least ten (10) members of the Supreme Court en banc, one (1)
Chief Justice and fourteen (14) Associate Justices), must concur.
All other case, which under its rules are required to be heard en banc, shall be decided with the concurrence of at
least eight (8) Members.
Cases heard by a division shall be decided with the concurrence of at least five (5) Members but if such required
number is not obtained, the case shall be decided en banc, provided, that no doctrine or principle of law laid down
by the Court in a decision rendered en banc or in division may be modified or reversed except by the Court sitting
en banc.
 Rule under the 1987 Constitution

The SC shall be composed of a Chief Justice and fourteen (14) Associate Justices. It may sit en banc or in its
discretion, in divisions of three (3), five (5), or seven (7) members. Any vacancy shall be filled within ninety (90) days from
the occurrence thereof.

Constitutionality of a treaty, international or executive agreement, or law, and all other cases under the Rules of
Court including those involving the constitutionality, application, or operation of presidential decrees,
proclamations, orders, instructions, ordinances, and other regulations are required to be heard en banc and with
the concurrence of majority of the members actually took part in the deliberations on the issues in the case and
voted thereon.
Cases or matters heard by a division shall be decided or resolved by the concurrence of a majority of the members
who actually took part in the deliberations on the issues in the case and voted thereon and with the concurrence
of at least three (3) of such members. If the necessary vote is not obtained, the case shall be decided en banc,
provided that no doctrine or principle of law laid down by the Court in a decision rendered en banc or in division,
may be modified or reversed except by the Court sitting en banc.

POWERS of the Supreme Court

Review
Revise
Reverse
Modify
Affirm on Appeal or certiorari as the law/Rules of Court may provide
Final judgments or orders of lower courts in:
o All cases in which the constitutionality or validity of any treaty, international or executive agreement, law,
presidential decree, proclamation, order, instruction, ordinance, or regulation is in question

Supremacy of the Constitution

According to Article 7, asserts the supremacy of law and the Constitution over administrative or executive acts.

No Collateral Attack

Laws are valid unless declared null and void by a competent court.

Some grounds for declaring a law unconstitutional

The enactment of the law may not be within the legislative powers of the lawmaking body.
Arbitrary methods may have been established.
The purpose or effects violates the Constitution or its basic principles

Operative Fact Doctrine

This is when a legislative or executive act, prior to its being declared as unconstitutional by the courts, is valid and must
be complied with.

ARTICLE 8. JUDICIAL DECISIONS APPLYING OR INTERPRETING THE LAWS OR THE CONSTITUTION SHALL FORM A PART OF THE
LEGAL SYSTEM OF THE PHILIPPINES.

Judicial decisions are evidence of what the laws mean, and this is why they are part of the legal system of the Philippines.
Interpretation placed upon the written law by a competent court has the force of law.
Article 8 refers to the decisions enunciated by the Supreme Court, which is the court of last resort.
o Decisions of subordinate courts are only persuasive in nature, and can have no mandatory effect.
o Decisions of the Court of Appeals serves as a judicial guide to the inferior Courts. It is also possible that such
conclusion or pronouncement can be raised to the status of a doctrine, if after it has been subjected to test in the
crucible analysis and revision, the Supreme Court should find that it has merits and qualities sufficient for its
consecration as a rule of jurisprudence.