Preliminary Title: Article 2

Question 1

State Article 2 of the Civil Code of the Philippines?

Answer 1

Laws shall take effect after fifteen days following the completion of their publication in either the Official Gazette or the newspaper of general circulation in the Philippines, unless it is otherwise provided. (as amended by E.O. No. 200)

Question 2

When did the 1950 Civil Code take effect?

Answer 2

August 30, 1950

Question 3

What Executive Order amended the Article 2 of the Civil Code?

Answer 3

E.O. No. 200. 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.

Question 4

Who issued E.O. No. 200?

Answer 4

President Cory Aquino

Question 5

When was E.O. No 200 issued?

Answer 5

June 18, 1987

Question 6

What is E.O. No. 200?

Answer 6

It provides 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.

Question 7

What was observed in G.R. No. 63915?

Answer 7

There is much to be said of the view that the publication need not be made in the Official Gazette, considering its erratic release and limited readership.

Question 8

Which platform could perform better in the function of communicating the laws to people?

Answer 8

Newspaper of general circulation

Question 9

Why does newspaper perform better in the function of communicating the laws to people vs. the Official Gazette?

Answer 9

Newspapers:

(1) is more easily available
(2) Has a wide circulation
(3) Comes out regularly

Official Gazette has

(1) limited readership
(2) erratic release

Question 10

State Section 1 of E.O. No. 200?

Answer 10

Laws shall take effect after fifteen days following the completion of their publication either in Official Gazette or in a newspaper of general circulation in the Philippines, unless it is otherwise provided.

Question 11

State Section 2 of E.O. No. 200?

Answer 11

Article 2 of R.A. No. 386, otherwise known as the Civil Code of the Philippines, and all other laws inconsistent with this EO are hereby repealed or modified accordingly.

Question 12

State Section 3 of E.O. No. 200?

Answer 12

This EO shall take effect immediately after its publication in the Official Gazette.

Question 13

What is the purpose of the fifteen day period requirements?

Answer 13

The fifteen day period is intended to enable the people to become familiar with the statute.

Question 14

What happens when the fifteen day period requirements expired?

Answer 14

The people are deemed to have conclusively notified of the law even if actually the people have not read them.

Question 15

What will happen if the published law is incomplete?

Answer 15

It is not deemed published at all since its purpose is to inform the public of its contents.

Question 16

Is publication of law mandatory?

Answer 16

Yes. Even if the law provides its own date of effectivity.

Question 17

Which are covered by the publication requirement?

Answer 17

Presidential Decrees and Executive Orders
Administrative rules and regulations, if their purpose is to enforce or implement existing law pursuant to a valid legislation.

Question 18

Which are not covered by the publication requirement?

Answer 18

Interpretative regulations and those administrative regulations internal in nature
Letters of instructions
Municipal ordinance (because they are covered by the Local Government Code)