Civil 1 Review Syllabus

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. • ‘This code shall take effect 1 year after such publication.’ The SC in the case of Lara vs. Del Rosario that the one year should be counted from the date of actual release and not the date of issue. • Executive Order No. 200 supersedes Article 2 regarding the time of effectivity of laws.

EXECUTIVE ORDER NO. 200 PROVIDING FOR THE PUBLICATION OF LAWS EITHER IN THE OFFICIAL GAZETTE OR IN A NEWSPAPER OF GENERAL CIRCULATION IN THE PHILIPPINES AS A REQUIREMENT FOR THEIR EFFECTIVITY WHEREAS, Article 2 of the Civil Code partly provides that “laws shall take effect after fifteen days following the completion of their publication in the Official Gazette, unless it is otherwise provided . . .”;

WHEREAS, the requirement that for laws to be effective only a publication thereof in the Official Gazette will suffice has entailed some problems, a point recognized by the Supreme Court in Tañada, et al. vs. Tuvera, et al. (G.R. No. 63915, December 29, 1986) when it observed that “[t]here is much to be said of the view that the publication need not be made in theOfficial Gazette, considering its erratic release and limited readership”; WHEREAS, it was likewise observed that “[u]ndoubtedly, newspapers of general circulation could better perform the function of communicating the laws to the people as such periodicals are more easily available, have a wider readership, and come out regularly”; and WHEREAS, in view of the foregoing premises.

Article 2 of the Civil Code should accordingly be amended so the laws to be effective must be published either in the Official Gazette or in a newspaper of general circulation in the country; NOW, THEREFORE, I, CORAZON C. AQUINO, President of the Philippines, by virtue of the powers vested in me by the Constitution, do hereby order: Sec.

1. 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. Sec.

2. Article 2 of Republic Act No. 386, otherwise known as the “Civil Code of the Philippines,” and all other laws inconsistent with this Executive Order are hereby repealed or modified accordingly. Sec. 3. This Executive Order shall take effect immediately after its publication in the Official Gazette. Done in the City of Manila, this 18th day of June, in the year of Our Lord, nineteen hundred and eighty-seven. • ‘15 days following’ – does this mean on the 15th or 16th day?

The law is not clear. • Under Article 2, publication in the Official Gazette was necessary. Now, under E.O. No. 200, publication may either be in the Official Gazette or a newspaper of general publication. • ‘unless otherwise provided’ refers to when the law shall take effect. It does not mean that publication can be dispensed with. Otherwise, that would be a violation of due process. • General Rule: Laws must be published in either the Official Gazette or a newspaper of general circulation. • Exception: The law may provide for another manner of publication. Different manner meaning: 1. Not in Official Gazette or newspaper of general circulation; or Example: Read over the television or the radio (provided that the alternative is reasonable) 2. Change in the period of effectivity

• ‘publication’ means making it known; dissemination. It doesn’t have to be in writing. • ‘Change period of effectivity’ – the gap between publication and effectivity should be reasonable under the circumstances. • Before publication, cannot apply the law whether penal or civil (Pesigan vs. Angeles) Why? How can you be bound if you don’t know the law. • Requirement of publication applies to all laws and is mandatory. Art. 3. Ignorance of the law excuses no one from compliance therewith. • Ignorantia legis neminem excusat (Ignorance of the law excuses no one).

• This is a necessary rule for all civilized society. Otherwise it would be impossible to enforce the law. It is very hard to determine whether or not a person really does not know the law. Without this rule, there would be anarchy. The law sacrifices occasional harshness to prevent universal anarchy. • There are potential methods to mitigate the severity of Article 3 – Articles 526 (3), 2155, 1334.*

• In Kasilag vs. Rodriguez, the SC said that the possession of the antichretic credit as possession in good faith since a difficult question of law was involved – antichresis. In this case, the parties were not very knowledgeable of the law. • Article 3 applies only to ignorance of Philippine law. It does not apply to foreign law. In Private International Law, foreign law must be proven even if it is applicable. Otherwise, the courts will presume the foreign law to be the same as Philippine law. Art. 4. Laws shall have no retroactive effect, unless the contrary is provided. • Lex de futuro judex de preterito (The law provides for the future, the judge for the past). • Retroactive law – one which creates a new obligation and imposes a new duty or attaches a new disability with respect to transactions or considerations already past. • General Rule: Law must be applied prospectively.

• Exceptions: 1. If the statute provides for retroactivity. Exception to the exception: a. Ex post facto laws b. Laws which impair the obligation of contracts 2. Penal laws insofar as it favors the accused who is not a habitual criminal, even though at the time of the enactment of such law final sentence has already been rendered. 3. Remedial laws as long as it does not affect or change vested rights. 4. When the law creates new substantive rights unless vested rights are impaired. 5. Curative laws (the purpose is to cure defects or imperfections in judicial or administrative proceedings) 6. Interpretative laws

7. Laws which are of emergency nature or are authorized by police power (Santos vs. Alvarez; PNB vs. Office of the President) Art. 5. Acts executed against the provisions of mandatory or prohibitory laws shall be void, except when the law itself authorizes their validity. • A mandatory law is one which prescribes some element as a requirement (i.e., wills must be written – Article 804(; form of donations – Article 749•) • A prohibitory law is one which forbids something (i.e., joint wills – Article 818() • General Rule: Acts which are contrary to mandatory or prohibited laws are void. • Exceptions:

1. When the law itself authorized its validity (i.e., lotto, sweepstakes) 2. When the law makes the act only voidable and not void (i.e., if consent is vitiated, the contract is voidable and not void) 3. When the law makes the act valid but punishes the violator (i.e., if the marriage is celebrated by someone without legal authority but the parties are in good faith, the marriage is valid but the person who married the parties is liable)

4.When the law makes the act void but recognizes legal effects flowing therefrom (i.e., Articles 1412 & 1413() Art. 6. Rights may be waived, unless the waiver is contrary to law, public order, public policy, morals, or good customs, or prejudicial to a third person with a right recognized by law. • What one can waive are rights and not obligations. Example, a creditor can waive the loan but the debtor may not. • There is no form required for a waiver since a waiver is optional. You can waive by mere inaction, refusing to collect a debt for example is a form of waiver. • Requisites of a valid waiver (Herrera vs. Boromeo)