I. Art.

2 New Civil Code


o What is EXECUTIVE ORDER NO. 200 June 18, 1987 (Links to an external site.)?

-Executive Order No. 200 provides for that laws shall take effect fifteen days after its
publication in either the Official Gazette or any newspaper of general circulation in the
Philippines, unless provided otherwise.

o What is the reason for including newspapers of general circulation for  publication of
laws?

- Newspapers of general circulation could better perform the function of communicating the
laws to the people as they are more easily available, have wider readership, and come out
regularly. Not many people are aware of the Official Gazette, and there are not a lot of
subscribers.

o When is a newspaper considered one of general circulation?

-A newspaper is considered to be of general circulation if it has the following requirements: a)

when it is published for the dissemination of local news and general information; b) has a bona
fide subscription list of paying subscribers; c) published at regular intervals; d) available to the
public in general, and not just to a select few by the publisher.

o Why is there a need for publication of the law?

-Laws need to be published in the Official Gazetter or a newspaper of general circulation to

comply with due process and at least constructively inform the people of the contents of the
law.

o When do laws take effect? GENERAL RULE

-As a general rule, laws take effect fifteen days after its publication on the Official Gazette or a
newspaper of general circulation.

o What are the exceptions to the general rule?

-If the law itself provides for its own effectivity, it takes effect on its provided date. If the law is
silent to its own effectivity, it takes effect only after fifteen days following its complete
publication.

o What is the meaning of“unless otherwise provided” in Art. 2 of the NCC? (Tanada v.

Tuvera,  146 SCRA 446).
o – The clause “unless otherwise provided” in the case of Tanada v Tuvera refers to the
date of effectivity, and not the requirement of publication itself.
o What is the effect of publication of a law?
o – After 15 days following its publication, a law becomes effective.
o What laws are covered by the publication requirement?
o – All laws must be published. Publication is mandatory, indispensable, and should not
be omitted.
 
o What laws are not covered by the requirement of publication?
o –None. All laws must be published in order to comply with due process of informing the
public.

Read the following cases:

 1. Tañada vs. Tuvera, 136 SCRA 27, 14 SCRA 446 G.R. No. 63915, December 29, 1986
      https://www.chanrobles.com/cralaw/1986decemberdecisions.php?id=398  (Links to an external
site.)
DOCTRINE:
The ruling in this case enhance the people’s right of being informed of the laws and regulations that
convern them. The case laid down the doctrine of indispensability of publication for all laws and
issuances of public concern recognizing such publication as an aspect of the right to due process and
information on matters involving public concern.
2. Umali vs. Estanislao [209 S 446 (1992)]
     https://lawphil.net/judjuris/juri1992/may1992/gr_104037_1992.html  (Links to an external site.)
DOCTRINE:
The clause “unless it is otherwise provided” refers to the date of effectivity and not to the requirement
of publication itself which cannot in any event be omitted. This clause does not mean that the
legislator may make the law effective immediately upon approval, or on any other date without its
previous publication. Publication is indispensable in every case, bit the legislature may in its
discretion provide that the usual fifteen day period shall be shortened or extended.
3. Metropolitan Bank and Trust Company, Inc. G.R. No. 173976, February 27, 2009
     https://lawphil.net/judjuris/juri2009/feb2009/gr_173976_2009.html  (Links to an external site.)
DOCTRINE:
To be a newspaper of general circulation, it is enough that it is published for the dissemination of loca
new and general information, that it has a bona fide subscription list of paying subscribers, and that it
is published at regular intercals. Over and above all these, the newspaper must be available to the
public in general and not just to a select few chosen by the publisher. Otherwise, the precise objective
of publishing the notice of sale in the newspaper will not be realized. To ensure a wide readership of
the newspaper, jurisprudence suggests that the newspaper must also be appealing to the public in
general. The Court has, therefore, held in several cases that the newspaper must not be devoted
solely to the interests, or published for the entertainment, of a particular class, profession, trade,
calling, race, or religious denomination. The newspaper need not have the largest circulation so long
as it is of general circulation.

4. Pesigan vs.  Angeles, 129 SCRA 174 

     https://lawphil.net/judjuris/juri1984/apr1984/gr_l64279_1984.html
DOCTRINE:
We hold that the said executive order should not be enforced against the Pesigans on April 2, 1982
because, as already noted, it is a penal regulation published more than two months later in the
Official Gazette dated June 14, 1982. It became effective only fifteen days thereafter as provided in
article 2 of the Civil Code and section 11 of the Revised Administrative Code.
The word "laws" in article 2 (article 1 of the old Civil Code) includes circulars and regulations which
prescribe penalties. Publication is necessary to apprise the public of the contents of the regulations
and make the said penalties binding on the persons affected thereby.
II. Article 3 NCC

o What laws are covered by Article 3 of the NCC ?
o – Article 3 of the NCC applies only to all local laws. Everybody is presumed to know the
law.
o What about foreign laws?
o – Article 3 of the NCC does not apply to foreign laws. Ignorance of a foreign law is
considered a mistake of fact, and not mistake of law. The court does not take judicial notice of
foreign laws.
o What is  Processual Presumption (Links to an external site.)?
o – Processual Presumption applies to foreign laws. A foreign law is a matter of fact that
needs to be proven with evidence. In the absence of any contrary evidence, it is presumed to
be the same as domestic law.
o Mistake or fact from mistake of law; distinction
o – Mistake of fact is a misapprehension of a fact which, if true, would have justified the
act or omission which is the subject of the prosecution. Mistake of law is a defense that a
defendant misunderstood or was ignorant of the law, provided that there was no publication
following the enactment of a law; when defendant relied upon a law or statute that was later
deemed unconstitutional; when the defendant relied upon a judicial decision that was later
overruled; or when the defendant relied upon an interpretation by an applicable official.

III. Article 4 NCC


o What is the rule with respect to the application of laws?
o – Article expressly provides that laws shall have no retroactive effect, unless the
contrary is provided.
o When can laws apply retroactively?
o – The general rule is that, statutes only have a prospective operation unless the
intention given them is a retrospective effect and is expressly declared or is necessarily
implied from the language use.
o

IV. Article 5 NCC


o What are mandatory laws?
o – Mandatory laws are laws that are imperative and impose a duty upon those covered
by the law. Generally, these laws contain the words “shall” or “must”. Acts contrary to
mandatory laws are void, unless there is an exception in the law.
o What are directory laws?
o – Directory laws are laws that are permissive in operation. Compliance with directory
laws is discretionary because they do not have mandatory effect. Generally directory laws
contain the word “may”.
o What are the exceptions to Article 5 of the NCC?
 o – The following are exceptions to Article 5 of the NCC: a) when law itself authorizes its
validity; b) where the law itself authorizes its validity, but punishes the violator; c) where the
law merely makes the act voidable; d) where the law declares the act as void, but recognizes
legal effects arising from it.

Repeal of Laws, Judicial Decisions and

Legal Periods
This will be a review of the following topics with focus on the more important matters
related to each provision:
1.  Repeal of a Law

o What are the two kinds of repeal of a law?

o When is a law expressly repealed?

o When is there an implied repeal of a law?
o When is there revival of a repealed law?

2. Judicial Decisions

o Are judicial decisions laws? Raason
o What is the doctrine of stare decisis?

3. Duty of the judge to render judgment

4. Legal Periods
Section 31, Book I of EO 292 (Administrative Code of 1987)  (Links to an external site.)
5. Penal Laws

o What is the Generality Principle?
o What is the Territoriality Principle?
o What is the Protective Theory?
o What is the exception to the Territoriality Principle?
o What is the Extra-Territoriality Principle?
o Crimes committed aboard a Public Vessel
o Crimes committed aboard a private or merchant vessel
 What is the English Rule?
  What is the French Rule
 Which rule (English or  French Rule) is applied in the Philippines?
 People v. Wong Cheng, 46 Phil. 729 (Links to an external site.)
 US v. Look  Chaw, 18 Phil. 573 (Links to an external site.)

1.    What is the Lex Rei Sitae Rule?

 It is the paramount rule expressing that any conveyance, transfer or sale of real as well as
personal property shall be governed by the place where such property is situated.
o What is mobilia sequuntur personam? Is it still applicable?
o – The maxim means that movables follow the law of the person. However by through a
decided case, the court described the maxim as mere “fiction of law having its origin in
consideration of general and public policy, and cannot be applied to limit or control the right of
state to tax property within its jurisdiction”.
o What are the exceptions to the Lex Rei Sitae Rule?
o Illustrations of the Lex Rei Sitae Rule
o Illustrations of the exceptions to the Lex Rei Sitae Rule
o What is the Renvoi Doctrine?
o When is there a single renvoi?
o When is there double renvoi?

2. Lex Loci Celebrationis

3. Conflicts of Rule