General Principles of the Civil Code Flashcards
What is the indispensable requirement in order for a law to become effective?
It shall only take effect after the completion of its publication in the Official Gazette or the Newspaper of General Circulation.
What is meant by Article 2’s “unless otherwise provided”?
It basically means that declaration of effectivity date may be dispensed with.
What is the difference between “after 15 days”, and “15 days after”?
After 15 days means the 16th day , while 15 days after means the 15th day. This connotes that if a law was completely published in the Official Gazette on March 15, 2024, and the effectivity clause declares that it shall be effective after 15 days, the law shall become effective on March 31, 2024. Likewise if the law declares that it shall become effective 15 days after, its effectivity will take effect on the 30th day of March, 2024.
What are the rules concerning the effectivity date of the laws or when will the law actually take effect?
1) if there is no express stipulation as to the effectivity date, it shall take effect after 15 days following the completion of its publication in the Official Gazette or in a newspaper of general circulation.
2) If there is an express provision with regard to its effectivity, the law shall take effect on the date stipulated following the completion of its publication in the Official Gazette or in a newspaper of general circulation.
3) If the law states that “it shall take effect immediately upon approval,” it will only take effect following the completion of its publication in the Official Gazette or a Newspaper of General Circulation.
What are the laws covered by Article 2?
1) Presidential Decrees and Executive Orders promulgated by the President in the exercise of his legislative power.
2) Administrative rules and regulation (if it is to enforce or implement an existing law)
3) charter of a city
4) statutes, local or private laws
What is meant by “newspaper of general circulation”?
It does not need to have the largest circulation, as long as it is available to the public in general.
Is internet publication of a law considered?
No, the internet is not a medium for publishing laws, rules, and regulations. (Garcillano v House Rep)
What is Article 3 of the Civil Code? What is the maxim?
Ignorantia legis non excusat
Ignorance of the law excuses no one from compliance therewith.
What is the doctrine of Processual Presumption?
It says that a foreign law must be alleged and proven as a fact. If not proven as a fact the foreign law will be deemed as the same as of national law.
What is the implication of provision of Article 3?
It means that there is a conclusive presumption that every person knows the law. Article 3 is a necessary consequence of the mandatory provision that all laws must be published.
What is Article 4 of the Civil Code?
All laws shall have no retroactive effect, unless the contrary is provided.
What are the exceptions of Article 4?
1) When the law expressly provides for its retroactivity.
2) When the law is curative or remedial in nature.
3) When the law is procedural.
4) When the law is penal in character and favorable to the accused.
5) When a substantive right is declared for the first time, unless vested rights are impaired.
What is favored in the provisions of Article 4 in case of doubt?
It favors the prospective application, and the same must be resolved against the retrospective effect.
What is article 5 of the civil code
Acts executed against the provisions of mandatory and prohibitory laws shall be void, except when the law itself authorizes their validity.
What are the difference between and prohibitory laws?
A mandatory provision of law is when the omission of which, renders the proceeding or acts, to which it relates generally illegal or void.
A prohibitory law are those which contain positive prohibitions and are couched in the negative terms importing that the act required shall not be done otherwise than designated.
In short, mandatory needs to be done, while prohibitory needs to be avoided, or else the individual ‘s acts will be considered void.
What is the exception of Article 5?
if the law itself provides that the act is valid.
What is Article 6 of the Civil Code?
Rights may be waived, unless the waiver is contrary to law, public policy, morals, good customs, or prejudicial to third persons.
What are the exceptions of Article 6?
1) a right ay not be waived if it is contrary to law, morals, good customs, public policy.
2) if such waiver of right is prejudicial to the rights of third persons recognized under the law.
What are the requisites in order for a waiver of right to be valid?
1) there must be an existent right given by a statute.
2) the individual knows that he has a right.
3) intention to relinquish such right.
(Note: the individual who intends to relinquish such right should have the legal capacity to decide such)
In labor cases, will the acceptance of benefits such as separation pay and terminal leave benefits amount to estoppel or waiver of a right?
No, acceptance of such benefits would not amount to estoppel or waiver of right of employee to contest his illegal dismissal.
Give a gist of Article 7.
Article 7. 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 declare a law to be inconsistent with the constitution, the former shall be void and the latter shall govern.
Administrative or executive acts, order, and regulation shall be valid only when they are not contrary to the laws of the Constitution.
