When Laws Take Effect Flashcards
According to Article 2 of the Civil Code, when do laws take effect?
Laws take effect 15 days after the completion of their publication in the Official Gazette, unless otherwise provided
According to Tanada vs. Tuvera, what condition must be met for all laws and statutes to be effective?
All laws or statutes, including those of local application and private law, must be published as a condition for their effectivity; otherwise, it would violate the due process clause of the constitution.
In the context of law publication, what does “completion of publication” refer to?
“Completion of publication” refers to the date of release of the Official Gazette (O.G.) or newspaper for circulation, not its date unless the two dates coincide. The period of publication is counted from this date.
Does the requirement of publication apply to all Presidential Issuances? If not, what are the exceptions?
The requirement of publication as a condition for the effectivity of statutes applies to Presidential Issuances, except those which are merely interpretative or internal in nature and not concerning the public
How is a specified number of days, such as “ten (10) days from notice,” computed?
It means 10 calendar days, not working days
How is the term “week” interpreted when used as a measure of time without reference to the calendar?
It means a period of seven consecutive days without regard to the day of the week from which it begins
According to Section 31, Chapter VIII, Book I of the Administrative Code of 1987, what is a year composed of?
A year is composed of 12 calendar months
In legal terms, how many days does a month consist of? What is the exception to this rule?
Generally, a month consists of 30 days, except if the months are designated by their name (e.g., January, February)
How are “daytime” and “night” defined in legal terms?
Daytime is defined as the period from sunrise to sunset, while night is from sunset to sunrise.
Explain the “exclude-the-first and include-the-last day RULE” in the computation of a period.
This rule governs the computation of a period where the first day is excluded, and the last day is included
What happens if the last day for an act falls on a Sunday or legal holiday? Provide examples.
If the last day falls on a Sunday or legal holiday, the act can still be done the following day. Examples include filing pleadings in courts and hearing of cases
Does the principle of extending deadlines apply to the computation of the period of prescription of a crime? Explain.
No, the principle does not apply to the computation of the period of prescription of a crime. If the last day in the period of prescription of a felony falls on a Sunday or legal holiday, the information concerning said felony cannot be filed on the next working day, as the offense has, by then, already prescribed
