Art 1-52 Flashcards
The Civil Code of the Philippines is numbered as what legislative act?
RA 386
What is Article 2?
Laws shall take effect after 15 days following the completion of their publication in the Official Gazette or in a newspaper of General circulation in the Phils., unless it is otherwise provided. This code shall take effect after 1 year after such publication
When did the Civil Code of the Phils. take effect?
August 30,1950
When does publishing begin?
When it has been circulated.
What order mandates the publication of laws acceptable through a newspaper of general circulation?
EO 200
Requisites for a newspaper to be considered of general circulation? (4)
- If the circulation is made within the court’s jurisdiction
- Published at regular intervals for dissemination of local news and general information
- With bonafide subscription list of paying subscribers
- Not devoted to the interest of a particular class
When do laws become effective if it provides “immediate effectivity upon approval?”
After its complete publication and not immediately after its signing by the Pres. (Tanada v. Tuvera)
What laws need publication? (5)
- All statutes including those of local application and private laws
- Central bank circular (punitive in character)
- EO (punitive)
- PD’s
- Charter of a city
Laws that don’t need publication? (2)
- Internal instructions of Administrative Agencies
2. Municipal ordinances because they are covered by the Local Government Code
(Tanada v. Tuvera) what is meant by laws with general applicability?
That the subject of such law is a matter of public interest even if it might only be applicable to one individual.
What is ultra vires?
Ultra Vires acts fall outside the powers that are specifically listed in a corporate charter or state law. They can also be any action that is specifically prohibited by the corporate charter.
Requisites for a law to be published and binding?
FULL or COMPLETE publication
What is Art 3?
Ignorance of the Law excuses no one from compliance therewith.
Legal maxim for “Ignorance of the law excuses no one”
Ignorantia legis non excusat
Article 3 applies to all laws except for
Suppletory laws
