PERSONS AND FAMILY

RELATIONS I. PRELIMINARY TITLE (Article 1-36 NCC)

Atty. Butch Corpin, Jr., JD, Esq.

A. Effect and Application of Laws

Publication Non-retroactivity & Exceptions
Counting of Times

I. NEW CIVIL CODE

- took effect on August 30, 1950

What is the General Rule and the Effectivity of laws

Exception for Effectivity of Laws? GEN RULE: On the date it is expressly provided to take effect.
EXC: 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.

The provision refers to the 15 day period and NOT to the requirement of publication.
(Tanada vs. Tuvera)

Extension or shortening of the “after fifteen days” period:

• If silent, laws take effect on the 16th day (or after 15 days) following its publication.
• This 15-day period may be shortened or extended.
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.
1. E.O. No. 200 & Article 13 NCC - Amended by Executive Order 200 which provides for the publication of laws
either in the Official Gazette or in a newspaper of general circulation in the
Philippines.
What are covered by the publication Those covered by the publication requirement:
requirement? • Presidential decrees and executive orders promulgated by the President in the
exercise of legislative powers, as delegated by the legislature or the constitution.
• Administrative rules and regulations if their purpose is to enforce or implement an
existing law pursuant to a valid legislation.
The publication must be in full since its purpose is to inform the public of the contents
of the law. (Phil. Int’l Trading Corp. vs. Angeles)
• The 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 which that body
is supposed to enforce.
• Charter of a city
Explain the case of Tañada Vs. Tañada Vs. Tuvera
Tuvera
Facts:
• A case was filed by a group of militant lawyers (MABINI– Movement of Attorneys
for Brotherhood, Integrity and Nationalism, Inc.) led by Lorenzo Tañada.
• Tañada’s group filed a case in order to compel the executive department to publish
presidential issuances (presidential decrees, letters of instructions, general orders,
proclamations, executive orders, letter of implementation and administrative orders) by
then President Marcos.
• They invoked the people’s right to be informed on matters of public concern as well
as the principle that laws to be valid and enforceable must be published in the Official
Gazette.

Ruling:

136 Scra 27 (April 24, 1985)

 Article 2 civil code does not preclude publication in the official gazette even
if the law itself provides for date of its effectivity.
 Rationale. — the clear object of article 2 of the civil code is to give the
general public adequate notice of the various laws which are to regulate their
actions and conduct as citizens. Without such notice and publication, there
would be no basis for the application of the maxim "ignorantia legis non
excusat." It would be the height of injustice to punish or otherwise burden a
citizen for the transgression of a law of which he had no notice whatsoever,
not even a constructive one.
 Publication of presidential issuances "of a public nature" or "of general
applicability," is a requirement of due process. Thus, unpublished presidential
issuances are without force and effect.
 Declaration of invalidity of unpublished presidential decrees does not affect
those which have been enforced or implemented prior to their publication.
146 Scra 446 (December 29, 1986)
 CIVIL LAW; EFFECT AND APPLICATION OF LAWS; ARTICLE 2,
CIVIL CODE;
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PUBLICATION OF LAWS MADE TO ENSURE CONSTITUTIONAL RIGHT TO
DUE
PROCESS AND TO INFORMATION. — The categorical statement by this Court on
the
need for publication before any law be made effective seeks to prevent abuses on the
part if the lawmakers and, at the time, ensure to the people their constitutional right to
due process and to information on matter of public concern.

What are the exclusions from the Those excluded from the publication requirement:
publication requirement? • Interpretative regulations as well as those internal in nature need not be published.
• Letters of instruction or internal memoranda issued by superiors concerning rules and
guidelines to be followed by their subordinates in the performance of duties need not
be published.
Cite Article 13. ARTICLE 13. When the laws speak of years, months, days or nights it shall be
understood that years are of 365 days, months of 30 days, days of 24 hours and nights
from sunset to sunrise.

If months are designated by their name, they shall be computed by the number of days
which they respectively have.

In computing a period, the first day shall be excluded and the last day included.

What does “Ignorantia legis non Ignorance of the law excuses no one (Art 3)
excusat” mean?  considered a CONCLUSIVE presumption and applies only to mandatory and
prohibitory laws

How is this maxim applied? Applicability of the Maxim

Art. 3 applies to all kinds of domestic laws, whether civil or penal, and whether
substantive or remedial on grounds of expediency, policy, and necessity,
i.e., to prevent evasion of the law. However, the maxim refers only to mandatory or
prohibitive laws, not to permissive or suppletory laws.

What is its scope? Scope of ‘Ignorance of the Law’

When we say “ignorance of the law,’’ we refer not only to the literal words of the law
itself, but also to the meaning or interpretation given to said law by our courts of
justice.

What are the Exceptions from the Ignorance of the Law Distinguished from Ignorance of the Fact (Mistake of Fact)
General Rule contemplated in Art 3? While ignorance of the law is no excuse, i.e., no excuse for not complying with the
law, ignorance of the fact eliminates criminal intent as long as there is no negligence.

Ignorance of the Law as the Basis of Good Faith

The Civil Code specifically provides that a mistake on a doubtful or difficult question
of law may be the basis of good faith. (Art. 526). This does not mean, however, that
one is excused because of such ignorance. He is still liable, but his liability shall be
mitigated, i.e., while he will still be considered as a debtor, he will be a debtor in good
faith.
Thus, it has been held that one who possesses land by virtue of a void contract can,
nevertheless, be considered a possessor in good faith if the law involved is
comparatively difficult to comprehend, and as such he is entitled to reimbursement for
useful improvements he had introduced on the land before he is deprived of the land.
(Kasilag v. Rodriguez, 69 Phil. 217). See digest.

What is the General Rule and the Non-retroactivity of laws (Art 4)

Exception for Nonretroactivity of GEN RULE: Laws have no retroactive effect.
Laws? EXC: (UCPPR)
1.Unless the law otherwise provides
2. Curative/Remedial statutes
3. Procedural
4. Penal in nature, provided that it is favorable to the accused
5. Rights have not yet vested. *
EXCEPTIONS TO THE EXCEPTIONS:
1. Ex post facto laws
2. Laws that impair obligation of
Contracts

*BERNABE VS. ALEJO

Supreme Court Ruling
• The SC has affirmed the CA decision, noting that Art. 285 of the Civil Code is a
substantive law, as it gives Adrian the right to file his petition for recognition within
four years from attaining majority age.
• Therefore, the Family Code cannot impair or take Adrian’s right to file an action for
recognition, because that right had already vested prior to its enactment.
• Indeed, our overriding consideration is to protect the vested rights of minors who
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could not have filed suit, on their own, during the lifetime of their putative parents.
The rule on Art 4 is based on what This is consistent with the Latin maxim “lex prospicit, non respicit” which means that
latin maxim? the law looks forward, not backward.
What is the rationale for the rule? RATIONALE: The retroactive application of a law usually divests rights that have
already become vested or impairs the obligations of contract and hence, is
unconstitutional. If laws were retroactive, grave injustice would occur, for these laws
would punish individuals for violations of laws that have not yet been enacted.
PNB vs. Office of the President of the Philippines (G.R. No. 104528 Jan 18, 1996)
CIVIL LAW; EFFECT OF LAWS; GENERALLY, NO RETROACTIVE EFFECT —
Pursuant to Article 4 of the Civil Code, "(l)aws shall have no retroactive effect, unless
the contrary is provided."
Held: Retroactive effect. See digest

What is the General Rule and the Acts Contrary to Law (Art 5)
Exceptions for Acts Contrary to GEN RULE: Acts which are contrary to mandatory or prohibitory laws are
Laws? void.
EXC:
1. When the law itself authorized its validity (ex. lotto, sweepstakes)
2. When the law makes the act only voidable and not void (ex. voidable contracts
where consent is vitiated)
3. When the law makes the act valid but punishes the violator (ex. marriage
solemnized by a person without legal authority)
Define Mandatory Law. A mandatory provision of law is one the omission of which renders the proceeding or
acts to which it relates generally illegal or void.

Define Prohibitory Law. Prohibitory laws are those which contain positive prohibitions and are couched in the
negative terms importing that the act required shall not be done otherwise than
designated. Acts committed in violation of prohibitory laws are likewise void.

Waiver of rights (Art 6)

Define waiver. Waiver is the intentional relinquishment of a known right.

Waivers are not presumed, but must be clearly and convincingly shown, either by
express stipulation or acts admitting no other reasonable explanation.

What are the requisites for waiver? Requisites: (EKIL)

1. Existence of a right
2. Knowledge of the existence of a right
3. Intention to relinquish the right
4. Legal capacity of the person possessing the right to make the waiver.

What is the General Rule and the GEN RULE: Rights can be waived
Exceptions for Waiver of Rights? EXC:
1. If the waiver is contrary to law, public order, public policy, morals or good customs
2. If the waiver is prejudicial to a third party with a right recognized by law.

NOTE: A stipulation requiring the recipient of a scholarship grant to waive his right to
transfer to another school, unless he refunds the equivalent of his scholarship in cash is
null and void. The school concerned obviously understands scholarship awards as a
business scheme designed to increase the business potential of an educational
institution. Thus, conceived, it is not only inconsistent with sound policy, but also with
good morals.

State Art 7. 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.

Define Doctrine of Constitutional When the courts declare a law to be inconsistent with the Constitution, the former
Supremacy 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. (5a)
What is a repeal? Repeal of a law is the legislative act of abrogating through a subsequent law
the effects of a previous statute or portions thereof.
A repealing clause in an Act which provides that “all laws and parts thereof
inconsistent with the provisions of this Act are hereby repealed or modified
accordingly” is certainly not an express repealing clause because it fails to identify or
designate the Act or Acts that are intended to be repealed.
The effects of the repealing law operate only at the time the repealing law takes effect.
Consistent with the principle of prospectivity, the effect of the repealing law shall be
given prospective application. The repealing law will not undo the acts and events that
occurred in the past.

Frivaldo vs. COMELEC and Lee (G.R. No. 120295 June 28, 1996)
HELD: P.D. No. 725 to be in full force and effect up to the present, not having been
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suspended or repealed expressly nor impliedly at any time, and Frivaldo's repatriation
by virtue thereof to have been properly granted and thus valid and effective. See
digest.
What is the presumption on laws? Laws are presumed to be constitutional unless otherwise declared by the court.
Can a repeal pertain to a certain If a part of a statute has been rendered unconstitutional and the remainder valid, the
portion only? parts will be separated, and the constitutional portion will be upheld.

Except: when the parts of the statute are so mutually dependent and connected, as
conditions, considerations, inducements, or compensations for each other, as to
warrant a belief that the legislature intended them as a whole, and that if all could not
be carried into effect, the legislature would not pass the residue independently, then if
some parts are unconstitutional, all the provisions which are thus dependent,
conditional or connected, must fall with them.
What is the nature of promulgated Rules and regulations when promulgated in pursuance of the procedure or authority
Rules and Regulations? conferred upon the administrative agency by law, partake of the nature of a sanction
provided in the law. This is so because statutes are usually couched in general terms,
after expressing the policy, purposes, remedies and sanctions intended by the
legislature. The details and the manner of carrying out the law are oftentimes left to the
administrative agency entrusted with its enforcement
By such regulations, of course, the law itself cannot be extended, so long, however, as
the regulations relate solely to carrying into effect the provisions of the law, they are
valid.

2. Article 8, NCC ARTICLE 8. Judicial decisions applying or interpreting the laws or the Constitution
State Art 8. shall form a part of the legal system of the Philippines. (n)
Differentiate Stare Decisis and • STARE DECISIS – the legal principle of determining points in litigation according
Orbiter Dicta. to precedent. This can only be invoked by the SC, respecting precedence.

• OBITER DICTA - Opinions not necessary for the determination of a case and
cannot have the force of precedents.
Are judicial decisions laws? • While it is true that decisions which apply or interpret the Constitution or the laws
are part of the legal system of the Philippines, still, they are not laws. If this were so,
the courts would be allowed to legislate contrary to the principle of separation of
powers.
• Judicial decisions, though not laws, are evidence of what the laws mean, which is
why they are part of the legal system of the Philippines.
Ting v. Velez-Ting, G.R. No. 166562, [March 31, 2009], 601 PHIL 676-694)

HELD: The principle of stare decisis enjoins adherence by lower courts to doctrinal
rules established by this Court in its final decisions. It is based on the principle that
once a question of law has been examined and decided, it should be deemed settled
and closed to further argument. Basically, it is a bar to any attempt to relitigate the
same issues, necessary for two simple reasons: economy and stability. In our
jurisdiction, the principle is entrenched in Article 8 of the Civil Code.

The latin phrase stare decisis et non quieta movere means "stand by the thing and do
not disturb the calm. See digest.

3. E. O. No. 292 CHAPTER 8

Legal Weights, Measures and Period

What is contemplated as Legal SECTION 31. Legal Periods. — "Year" shall be understood to be twelve calendar
Periods in E.O 292? months; "month" of thirty days, unless it refers to a specific calendar month in which
case it shall be computed according to the number of days the specific month contains;
"day," to a day of twenty-four hours; and "night," from sunset to sunrise.
Notes: Chap 1-8 only.
(See CNegado, TIbanez, San Beda)

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