When do laws take effect? Flashcards
Article 2 NCC
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. (As amended by E.O. 200)
How many days after the completion of their publication shall laws take effect?
Laws shall take effect after fifteen days following the completion of their publication.
If a law was published on August 1 at the Official Gazette, when shall it take effect?
August 17. Art 2 provides that laws shall take effect after fifteen days FOLLOWING the completion of their publication.
What case prompted the amendment of Article 2 of the NCC.
The case of Tanada v Tuvera prompted the amendment for Article 2 of the NCC. EO 200 (2) states “WHEREAS, the requirement that for laws to be effective only a publication thereof in the Official Gazette will suffice has entailed some problems, a point recognized by the Supreme Court in Tañada, et al. vs. Tuvera, et al. (G.R. No. 63915, December 29, 1986), when it observed that ‘[t]here 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;’”
When shall laws have retrospective effect?
Only when the law says so, and when it does not impede any vested rights
In the interpretation of a law or administrative issuance promulgated in all official languages, which text shall be controlling?
The English text shall be controlling if a law or administrative issuance is promulgated in all official languages, unless otherwise specifically provided.
Is there an exception to the rule of having the Egnlisht text controlling?
Yes, when it is provided that another language shall be controlling.
When can we consult other languages?
In cases of ambiguity, ommission, or mistake.
What does it mean when we talk about the principle that there shall be no implied revival of a repealed law?
Sec. 21 RAC. When a law which expressly repeals a prior law is itself repealed, the law first repealed shall not be thereby revived unless expressly so provided.
What does it meanwhen we talk about the principle that a law impliedly repealed shall be revived?
Sec. 22 RAC. When a law which impliedly repeals a prior law is itself repealed, the law first repealed shall thereby be revived, unless the repealing law provides otherwise.
When RA 123 impliedly repealed RA 234, and subsequently RA 123 was repealed by RA 567. No clause as to non-revival of any past law. Shall RA 234 be revived?
Yes. RA 234 shall be revived. According to Sec 22 of the RAC, when a law which impliedly repeals a prior law is itself repealed, the law first repealed shall thereby be riveved, unless the repealing law says otherwise. In this case, since RA 567 does not provide any clause on the non-revival of any past law, and since RA 123 merely impliedly repealed RA 234, then RA 234 is revived.
Shall a man who does not know that he has violated be exempt from criminal charges?
No. Art. 3 NCC and Sec 23 of the RAC provides that “Ignorance of the law excuses no one from compliance therwith.” A man who does not know that he has violated a law, is not excused from the penalties therewith.
What shall be the contents of the Official Gazette?
SECTION 24. Contents. — There shall be published in the Official Gazette all legislative acts and resolutions of a public nature; all executive and administrative issuances of general application; decisions or abstracts of decisions of the Supreme Court and the Court of Appeals, or other courts of similar rank, as may be deemed by the said courts of sufficient importance to
be so published; such documents or classes of documents as may be required so to be published by law; and such documents or classes of documents as the President shall determine from time to time to have general application or which he may authorize so to be
published.
The publication of any law, resolution or other official documents in the Official Gazette shall be prima facie evidence of its authority.
What shall be published in the Official Gazette?
(1) All legislative acts and resolutions of a public nature;
(2) all executive and administrative issuances of a general application;
(3) Decisions or abstarcts of decisions of the Supreme Court and the Court of Appeals, or other courts of similar rank, as may be deemed by the said courts of sufficient importance to be so published;
(4) such documents or classes of documents as may be required so to be published by law; and
(5) such documents or classes of documents as the President shall determine from time to time to have general application or which he may authorize to be so published.
Can a crime be committed at the time when the Official Gazette containing the publication of the law is not circulated to the public?
No, a crime cannot be committed when the Official Gazette containing the law is not yet crirculated to the public. In the case of People vs Veridiano, the Court acquited the defendant from the crime defined by BP 22 because although BP 22 was on the Official Gazette with the printed issue date of April 1979, the said gazette was never circulated until June 1979. Since the alleged crime was committed in the month of May 1979, then the Court ruled that no crime has occured.
