Preliminaries Flashcards
When laws take effect
Article 2. Laws shall take effect after fifteen days following the completion of their publication in the Official Gazette or in any newspaper of general circulation, unless it is otherwise provided. This Code shall take effect one year after publication.
“UNLESS IT IS OTHERWISE PROVIDED.”
The clause “unless it is otherwise provided” solely refers to the fifteen-day period and not to the requirement of publication. Publication is an indispensable requisite the absence of which will not render the law effective.
Does law have retroactive effects?
Article 4. Laws shall have no retroactive effect, unless the contrary is provided.
Statutes are to be construed as having only prospective operation, unless the
purpose and intention of the legislature to give them a retrospective
effect is expressly declared or is necessarily implied from the language used, and that, in case of doubt, the same must be resolved
against the retrospective effect
When may a law be given retroactive effect?
- When the law expressly provides for retroactivity.
- When the law is curative or remedial. The legislature has power to pass healing
acts which do not impair the obligations of contracts nor
interfere with vested rights. - When the law is procedural.
- When the law is penal in character and favorable to
the accused.
What is a waiver?
Waiver is the intentional relinquishment of a
known right (Castro v. Del Rosario, 19 SCRA 196).
What is the rule for waiver?
Article 6. Rights may be waived, unless the
waiver is contrary to law, public policy, morals or
good customs, or prejudicial to a third person with
a right recognized by law.
What are mandatory laws?
Laws the violations of which, tenders the act or proceeding illegal and void.
What are prohibitory laws?
Laws which, if omitted, renders the proceeding or acts relating to it generally illegal or void.
What are the exceptions to the rule that an act executed against provisions of mandatory or prohibitory laws shall be void?
The following are the exceptions:
- Where the law itself authorizes its validity;
- Where the law makes the act valid but punishes the violator;
- Where the law makes the act only voidable; and
- Where the law declares the nullity of an act but recognizes its effects as legally existing.
What is a right?
The power or privilege given to one person and, as a rule, is demandable of another. It denotes an interest or title in an object or property.
Rights may be waived. In what cases may waiver be prohibited and declared null and void?
Waiver is prohibited and may be declared dull and void when:
It is contrary to law, public order, public policy, morals and good customs;
When prejudicial to a third person with a right recognized by law.
What are some instances where waiver is considered void?
Waiver is considered void in such instances such are:
- Waiver of future support;
- Waiver of political rights;
- Waiver of future inheritance especially if the waiver intended to prejudice creditors.
What are the requisites of a valid waiver?
he following are the requisites of a valid waiver:
- Full capacity to make the waiver;
- Waiver must be unequivocal;
- Right must exist at the time of the waiver;
- It must not be contrary to law, public policy, morals or good customs;
- It must be prejudicial to a third person with a right recognized by law; and
- When formalities are required, the same must be complied with.
What is a repeal of a law?
It is the legislative act of abrogating through a subsequent law the effects of a previous statute or portions
What are the types of repeal? Define each.
- Express Repeal – One which is literally declared by a new law, either in specific terms, as where particular laws and provisions are named, identified, and declared to be repealed, or in general terms.
- Implied Repeal – It takes place when a new law contains provisions contrary to or inconsistent with those of a former law without expressly repealing them.
