Effects and Application of Laws

Question 1

Article 2

Publication a necessity

Answer 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.

Question 2

Article 3

Ignorance

Answer 2

Ignorance of the law excuses no one from compliance therewith

Question 3

Article 4

Laws are prospective

Answer 3

Laws shall have no retroactive effect, unless the contrary is provided.

Question 4

Article 5

Mandatory or prohibitory laws

Answer 4

Acts executed against the provisions of mandatory or prohibitory laws shall be void, except when the law itself authorizes their validity

Question 5

Article 6

Rights may be waived

Answer 5

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

Question 6

Article 7

Laws are repealed by subsequent ones

Answer 6

Laws are repealed only by subsequent ones, and their violation or non-observance shall not be excused by disuse, or custom or practice to the contrary.

When the courts declared a law to be inconsistent with the Constitution, the former shall be void and the latter shall govern.

Administrative or executive acts, orders and regulations shall be valid only when they are not contrary to the laws or the Constitution.

Question 7

Article 8

Judicial decisions

Answer 7

Judicial decisions applying or interpreting the laws or the Constitution shall form a part of the legal system of the Philippines.

Question 8

Article 9

No judge shall decline

Answer 8

No judge or court shall decline to render judgment by reason of the silence, obscurity or insufficiency of the laws.

Question 9

Article 10

Plain meaning rule

Answer 9

In case of doubt in the interpretation or application of laws, it is presumed that the lawmaking body intended right and justice to prevail.

Question 10

Article 11

Customs contrary

Answer 10

Customs which are contrary to law, public order or public policy shall not be countenanced.

Question 11

Article 12

Custom as a fact

Answer 11

A custom must be proved as a fact, according to the rules of evidence.

Question 12

Article 13

Period

Answer 12

When the laws speak of years, months, days or nights, it shall be understood that years are of three hundred sixty-five days each; months, of thirty days; days, of twenty-four hours; and nights from sunset to sunrise.

If months are designated by their name, they shall be computed by the number of days which they respectively have.

In computing a period, the first day shall be excluded, and the last day included.

Question 13

Article 14

Territoriality

Answer 13

Penal laws and those of public security and safety shall be obligatory upon all who live or sojourn in the Philippine territory, subject to the principles of public international law and to treaty stipulations.

Question 14

Article 15

Nationality

Answer 14

Laws relating to family rights and duties, or to the status, condition and legal capacity of persons are binding upon citizens of the Philippines, even though living abroad.

Question 15

Article 16

Lex reisitei, properties

Answer 15

Real property as well as personal property is subject to the law of the country where it is stipulated.

However, intestate and testamentary successions, both with respect to the order of succession and to the amount of successional rights and to the intrinsic validity of testamentary provisions, shall be regulated by the national law of the person whose succession is under consideration, whatever may be the nature of the property and regardless of the country wherein said property may be found.

Question 16

Article 17

Lex Loci Celebrationis, Contractus, Intentionis

Answer 16

The forms and solemnities of contracts, wills, and other public instruments shall be governed by the laws of the country in which they are executed.

When the acts referred to are executed before the diplomatic or consular officials of the Republic
of the Philippines in a foreign country, the solemnities established by Philippine laws shall be observed in their execution.

Prohibitive laws concerning persons, their acts or property, and those which have for their object
public order, public policy and good customs shall not be rendered ineffective by laws or judgments promulgated, or by determinations or conventions agreed upon in a foreign country.

Question 17

Article 18

Suppletory Application

Answer 17

In matters which are governed by the Code of Commerce and special laws, their deficiency shall be supplied by the provisions of this Code.