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Atty. Mel Sta. Maria, Dean Cynthia Roxas-Del Castillo
Joy Marie Ponsaran, Eleanor Mateo
Joy Stephanie Tajan, John Paul Lim
Stephanie Michelle Tan, Joan Mae To
Charles Francis Decangchon, Jamara Leigh Fernandez, Charmaine Haw, Kristelle Singson,
RELATIONSPRELIMINARY TITLENew Civil Code:
took effect on
August 30, 1950WHEN LAWS TAKE EFFECT:
: 15 days after completion of publicationin OG or newspaper of generalcirculation
The law can provide for its own date ofeffectivity,
, less than or greater than15 days after publication
Publication is MANDATORY (even if the lawprovides its own date of effectivity)
Publication must be in full (otherwise it is notdeemed published at all) since its PURPOSE isto inform the public of its contents-
Effect of Publication:
The people are deemedto have conclusively been notified of the laweven if they have not read them.
COVERED BY PUBLICATION REQUIREMENT:
Presidential Decrees and Executive Orders
Administrative rules and regulations, if theirpurpose is to enforce or implement existing lawpursuant to a valid legislation
NOT COVERED BY THE REQUIREMENT OFPUBLICATION:
Interpretative regulations and thoseadministrative regulations internal in nature
Letters of Instructions
Municipal ordinances (because they arecovered by the Local Government Code)
Compliance with the Law:
Ignorance of the lawexcuses no one from compliance therewith.(
Ignorantia juris neminem excusat
Generally, laws are notretroactive.
enal laws when favorable to the accusedwho is not a habitual delinquent2.
nterpretative statutes3. When the law itself
Exception to the exception: a. ex post facto
when retroactivity impairs theobligation of contract4.
mergency laws7. Laws creating new
Acts Violating Mandatory or Prohibitory Lawsare VOID
When law itself
uthorizes their validity
When law makes the act only
oidableand not void
When law makes the act
alid butpunishes the violator
REQUISITES OF A VALID WAIVER: RCCLF
1. Person making the waiver must have the
ight he is waiving2. He must have the
apacity to make thewaiver3. The waiver must be made in a
lear andunequivocal manner4. Such waiver is not contrary to
aw, publicorder, public policy, morals or good customsor is prejudicial to third person.5. If required,
ormalities must be complied with.
REPEAL OF LAWS
1. Express repeal - repeal of repealing law willnot revive the old law (unless expresslyprovided)2. Implied repeal - the provisions of thesubsequent law are incompatible with those ofthe previous law
Both laws cover the same subject matter2. The latter law is repugnant to the earlier law
rules of conduct formed byrepetition of acts, uniformly observed as a socialrule, legally binding and obligatory
A local custom as a source of right cannot beconsidered by a court of justice unless suchcustom is properly established by competentevidence like any other fact
must be differentiated from
. Juridicial custom cansupplement statutory law or applied in theabsence of such statute. Not so with socialcustom.