Civil Law Review 1: "Laws Must Be Published Before They Can Take Effect"

CIVIL LAW REVIEW 1
Civil Code of the Philippines (Republic Act No. 386)
Art 2- Publication, part of or requirement of due process

“unless it is otherwise provided”
Tañada vs Tuvera - “unless it is otherwise provided” refers to the date of effectivity and not to the
requirement of the publication itself.
“Laws must be published before they can take effect”
When do laws become effective?

1. When the law so provides (TRAIN LAW), If not, 15 days following the completion of their
publication either in Official Gazette or Newspaper of general circulation in the Philippines.
2. Publication is indispensable in every case, but the Legislature may in its DISCRETION provide that
the usual fifteen-period CAN BE SHORTENED or EXTENDED.
“shall take Immediately upon its approval” clause, should be taken to mean 15 DAYS AFTER ITS
PUBLICATION. (First View)
When the law states it “shall take Immediately upon its approval” it becomes effective immediately
upon PUBLICATION. What is MANDATORY, The Supreme Court emphasized and what due process
should be about, is that the law must be published in the OG or newspaper of general circulation in the
PH
SUMMARY:
1. A law becomes effective on the date it SO PROVIDES
2. If the law DOES NOT state a date, we take the date of publication and count 15 DAYS after the
publication if the law provide date.
3. If the law provides that it shall take effect immediately upon approval, it becomes effective on the
DATE OF PUBLICATION - the basis is the case of La Bugal-B’laan Tribal Association.
Newspapers
HAS National coverage - Broad sheets
HAS Provincial coverage - Provincial Newspapers
HAS Municipal or City Ordinance coverage - Local Newspapers
Art 3. Ignorance of the law excuses no one from compliance therewith.

A presumption juris tantum is a prima facie or face value presumption. They are also called
rebuttable or disputable presumption. (Article 1735, Civil Code)
Conclusive presumption or Juris et de jure is conclusive the law does not allow the presentation of
evidence to contradict the conclusion.
EXCEPTION
1. Article 526 provides that mistake upon a doubtful or difficult question of the law may be the basis of
GOOD FAITH.
2. Article 1334 also provides that MUTUAL ERROR as to the legal effect of an agreement, when the
real purpose of the parties is frustrated may vitiate CONSENT.
3. Article 2155 also provides that payment by reason of a mistake in the construction or application of a
doubtful or difficult question of the law may come within the scope of solutio indebiti.
COMMON:
1. There is a mistake
2. mistake is based upon a doubtful or difficult question of the law
3. Produces effects which are nevertheless recognized by the law
Not applicable to FOREIGN LAW - If a foreign law is not properly PROVED or PLEADED in
our courts, then our courts will simply presume that the foreign law is the same as our local law.
This principle in international law is called the doctrine of Processual Presumption or the
doctrine of presumed identity-approach
(Orion Savings Bank vs Suzuki- SPECIFIC PERFORMANCE and DAMAGES) - where a
foreign law NOT PLEADED or, even if pleaded is NOT PROVEN, the presumption is that the
foreign law is THE SAME as Philippine Law.
FOREIGNER under our Constitution CANNOT own land in the Philippines - EXCEPT for the
properties that were acquired BEFORE the 1935 Constitution and for properties acquired
through SUCCESSION. Another exception is laid down in the the CONDOMINIUM ACT which
allows foreigners to buy up to 40% of any condominium building, PROVIDED that the 60% is
owned by the Filipino.
Remember: The foreigner can own the house but not the land where it is built.
That IMMOVABLE PROPERTIES are governed, PRIMARILY by the law of the PLACE
WHERE they are SITUATED. This is because immovable properties CANNOT be moved. This
is called the principle of LEX LOCI REI SITAE. The title to, or any conveyance or transfer of
the property must necessarily be governed by the law where the property is situated. Property
relations between spouses are governed principally by the national law of the spouses. However,
the party invoking the application of a FOREIGN LAW has the burden of proving the foreign
law. The foreign law is a question of FACT to be properly pleaded and proved as the judge
CANNOT take judicial notice of foreign law. He is presumed to know DOMESTIC or LAW OD
THE FORUM. (must comply with Rule 132, secs 24-25 - Presentation of evidence)
Art. 4 - laws shall have NO retroactive effect UNLESS the contrary is provided. (the law looks
forward not backward)
 Prospective effect - forward
 Retroactive effect - backward
EXCEPTIONS for Prospectivity

1. When the law itself PROVIDES for ITS OWN retroactivity
EXP to EXP.
Even if the law itself provides for retroactivity, it CANNOT BE GIVEN retroactive effect if the
law will become:
a) An EX POST FACTO LAW - mga batas na ginagawang krimen ang isang bagay na dati ay
legal.
 An EX POST FACTO LAW stems from the rudimentary concpt of FAIR PLAY. You
cannot be held liable criminally liable for an act which was NOT A CRIME at the time you
committed it.
 Decreases the quantum of proof for conviction (Before elements of a crime are A,B,C - Now
only A and B) cannot apply retroactively.
b) The new law will result in the impairment of obligation of contracts (impairment clause)
2. When penal laws are favorable to the accused

EXP to the EXP. If convicted felon is a habitual delinquent.
At its essence, a person is a habitual delinquent when the following are present.
i. The person has committed THREE CRIMES;
ii. The crimes involved are crimes of ROBBERY, THEFT, ESTAFA or FALSIFICATION;
iii. LESS THAN 10 YEARS have elapsed from the conviction for OR release from crime no. 2
and the commission of the THIRD CRIME.
3. Remedial Statutes relating to remedies or modes of procedure which do not create new or take
away vested rights but only operate in furtherance of the remedy or confirmation of rights
already existing. (Systems Factors corp vs NLRC)
4. Curative Laws (gamutin ang mali sa na unang batas)
5. If it create new substantive rights (Bona vs Briones)
EXP to EXP if new substantive rights, prejudices, removes, otherwise changes the rights one
acquired from the same origin.

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CIVIL LAW REVIEW 1

Civil Code of the Philippines (Republic Act No. 386)

Art 2- Publication, part of or requirement of due process

“Laws must be published before they can take effect”

When do laws become effective?

Art 3. Ignorance of the law excuses no one from compliance therewith.

EXCEPTIONS for Prospectivity

2. When penal laws are favorable to the accused

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