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    Effect and Application of Laws

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    Ezra Denise Lubong Ramel
    Laws take effect 15 days after publication in the Official Gazette or a newspaper of general circulation, unless otherwise specified. The publication must be in full to inform the public. No publication is needed if a law provides its own effective date, such as upon approval. A qualifying newspaper has regular publication intervals, a subscription base, and is not limited to a specific group. The clause "unless otherwise provided" refers to the effective date, not the publication requirement. If immediate effectivity is stated, a law takes effect upon complete publication. All laws require publication under Article 2 except municipal ordinances and some internal rules.

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    Effect and Application of Laws

    Uploaded by

    Ezra Denise Lubong Ramel
    115 views2 pages
    Laws take effect 15 days after publication in the Official Gazette or a newspaper of general circulation, unless otherwise specified. The publication must be in full to inform the public. No publication is needed if a law provides its own effective date, such as upon approval. A qualifying newspaper has regular publication intervals, a subscription base, and is not limited to a specific group. The clause "unless otherwise provided" refers to the effective date, not the publication requirement. If immediate effectivity is stated, a law takes effect upon complete publication. All laws require publication under Article 2 except municipal ordinances and some internal rules.

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    Laws take effect 15 days after publication in the Official Gazette or a newspaper of general circulation, unless otherwise specified. The publication must be in full to inform the public. No publication is needed if a law provides its own effective date, such as upon approval. A qualifying newspaper has regular publication intervals, a subscription base, and is not limited to a specific group. The clause "unless otherwise provided" refers to the effective date, not the publication requirement. If immediate effectivity is stated, a law takes effect upon complete publication. All laws require publication under Article 2 except municipal ordinances and some internal rules.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    115 views2 pages

    Effect and Application of Laws

    Uploaded by

    Ezra Denise Lubong Ramel
    Laws take effect 15 days after publication in the Official Gazette or a newspaper of general circulation, unless otherwise specified. The publication must be in full to inform the public. No publication is needed if a law provides its own effective date, such as upon approval. A qualifying newspaper has regular publication intervals, a subscription base, and is not limited to a specific group. The clause "unless otherwise provided" refers to the effective date, not the publication requirement. If immediate effectivity is stated, a law takes effect upon complete publication. All laws require publication under Article 2 except municipal ordinances and some internal rules.

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    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    of 2

    EFFECT AND APPLICATION OF LAWS

    I. EFFECTIVITY OF LAWS

    1. When do laws take effect?


    Laws shall take effect after fifteen days following the
    completion of their publication either in the Official
    Gazette, or in a newspaper of general circulation in the
    Philippines, unless it is otherwise provided [New Civil
    Code (NCC),Art. 2, as amended by EO 200)].

    1. If date is specified– Upon the lapse of the said period


    following its complete publication and not before.
    2. If no date is specified– 15-day period, which may
    either be on the:
    a. 15th day - If the law declares that it shall become
    effective “15 days after its publication”
    b. 16th day - If the law declares that it shall be
    effective “after 15 days following its
    publication”

    2. What are the publication requirements?


    As a general rule, 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 law.
    Publication is not needed when the law provides for its own effectivity or “upon approval’’ (i.e., by the President so long
    as it is not punitive in character
    or by Congress over the veto of the President)

    3. What is a newspaper of general circulation?


    For a newspaper to be considered of general circulation:
    1. It must be published within the court’s jurisdiction;
    2. It must be published at regular intervals for
    disseminating local news and general information;
    3. It has a bona fide subscription list of paying
    subscribers; and
    4. It is not devoted to the interest or published for the
    entertainment of a particular class, profession, trade,
    calling, race or religious denomination
    4. What is meant by the clause “unless it is otherwise provided”
    The clause "unless it is otherwise provided" refers to
    the date of effectivity and not to the requirement of
    publication itself. The requirement of publication may not
    be omitted in any event.
    5. What does it mean if the law provides that it shall take effect immediately?
    If the law provides for immediate effectivity or
    upon approval – It is effective immediately after its
    complete publication and not after signing by the
    President.
    6. What laws are covered under Article 2 of the Civil Code?
    All laws are required to be published in full.
    7. What laws are excluded by the publication requirement under Article 2 of the Civil Code?
    1. Municipal Ordinances (governed by the Local
    Government Code);
    2. Rules and regulations which are internal in nature;
    However, the following Administrative rules and regulations require
    publication:
    1. The purpose of which is to implement or enforce
    existing laws pursuant to a valid Delegation;
    2. Penal in nature;
    3. It diminishes Existing rights of certain individuals.
    3. Letters of Instruction issued by administrative
    supervisors on internal rules and guidelines;
    4. Interpretative regulations regulating only the
    personnel of administrative agency.

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