nforces or implements an existing law3.
Diminishes a vested righte.
Decisions of the Supreme Court(If the problem does not indicate the type of law, qualify your answer)
ationale for publication
:Compliance with due processCf: Lara v. Del Rosario ± The Civil Code took effect on
Aug 30, 1950,
one year from itscirculation
The Code was approved on June 18, 1949, Publication of the Civil Code wason ____. But copies of the Civil Code were kept. They were circulated onlyon Aug 30, 1949.Assuming publication is indicated, find out where it is published.
Where should publication be made?
Publication is not only limited to the
but it extends to a
newspaper of general circulation
lements of a newspaper of general circulation
:1. Regularity in the release2. Does not cater to a particular group (s.t. the Financial Times is not a newspaper of gen. circulation)Reconcile the effectivity clause in the law with the publication requirement.
If the law contains an effectivity clause, apply it.
If the effectivity clause says, ³effective upon the signing of thePresident,´ it becomes effective
on the date of publication
If the law has no effectivity clause, apply the 15 day period.
Cf: Article 13: exclude the 1
day of the period, include the last day.Article 3 does not apply to foreign laws. Mistake of facts, not ignorance of law, appliesto foreign laws.
octrine of Processual Presumption
± If there is failure to prove the foreign law incourt, the Court will presume that it is the same as Philippine law.Article 4:Art 4 Prospectivity of laws GR: Prospective applicationX: Retroactivity ± when the contrary isprovidedGR: Prospectivity of LawsX: RP C
Remedial in nature2.
Penal Laws favorable to the accusede.g. Application of illegal possession of firearms to Robin Padilla