Concept of CC Art 1 to 36

Question 1

Article 1
Define what is the Civil Code of the Philippines?
R.A. No\_\_\_ 
A 
W
S
W

Answer 1

RA 386
A civil code is a collection of laws
which regulate the private relations of the member of civil society, determining their respective rights and obligations, with reference to persons, things, and civil acts.

Question 2

Artilce 2- EXECUTIVE ORDER NO. ___

1. OFFICIAL GAZETTE

Answer 2

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

• 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.
• EO no. 200 supersedes Article 2 regarding the time of effectivity of laws.

OG - is the official publication of the Republic of the Philippines.

Question 3

Article 2 - Publication is indispensable

1. “15 days following‟

Answer 3

1. does this mean on the 15th or 16th day?

The law is not clear.

Question 4

Article 2 - Publication is indispensable

2. “unless otherwise provided‟
   refers to when a law ……..

Answer 4

2. 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.

Question 5

Article 2 - Publication is indispensable

3. General Rule
   Law must be published

a. N i r n o

Answer 5

3. Laws must be published in either the Official Gazette or a newspaper of general circulation.
   a. Newspaper is required not online

Question 6

Article 2 - Publication is indispensable

4. Exception

a. Not in .. . . . .
Ex;

b. Change in .. . . . .

Answer 6

4. The law may provide for another manner of publication. Different manner meaning:

a. Not in Official Gazette or newspaper of general circulation; or
Ex: Read over the television or the radio (provided that the alternative is reasonable)

b. Change in the period of effectivity
- the gap between publication and effectivity should be reasonable under the circumstances.

Question 7

Article 2 - Publication is indispensable

5. Reason for Publication…..

a Law have to be published…

b. Law requires publication …
b. 1. Pesigan vs Angeles
c. Once a law becomes effective…
d. What the word “publication” means?
e. Requirement of publication….

Answer 7

5. Reason for publication it is part of the DUE PROCESS
   a. Law have to be published to satisfy due process requirement.
   b. Law requires publication before they became effective.b.1. 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.

c. Once a law becomes effective everyone must obey the law
d. “publication‟ -means making it known; dissemination. It doesn‘t have to be in writing.
e. Requirement of publication applies to all laws and is mandatory.

Question 8

Article 2 - Publication Rule

1. If date is specified
2. If no date is specified

a) ____ day
b) ____ day

3. If the law provides for immediate effectivity or upon approval
4. If the law is voluminous

Answer 8

1. Upon the lapse of the said period following its complete publication and not before.
2. 15-day period, which may either be on the 15th or on the 16th day depending on the language used by the Congress in fixing the effectivity date of the statute.
   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”
3. It is effective immediately after its complete publication and not after signing by the President.
4. Reckoning shall begin from the release of the last of the series.

Question 9

Article 3 - Reason
I L N E

a. What are the effects of this provision in our civilized society?
b. What are the effects of this provision on a person?
c. What the law wanted to prevent?

Answer 9

• Ignorantia legis neminem excusat
  (Ignorance of the law excuses no one)

a. This is a necessary rule for all civilized society. Otherwise, it would be impossible to enforce the law.
b. It is very hard to determine whether or not a person really does not know the law. Without this rule, there would be anarchy.
c. The law sacrifices occasional harshness to prevent universal anarchy. (DUE PROCESS)

Question 10

Article 3 - mitigate the severity of this Article

Answer 10

There are potential methods to mitigate the severity of Article 3 - Articles 526 (¶3), 2155, 1334.

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.

Question 11

Article 3 - Laws covered

Answer 11

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.