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CHECKLIST OF TO DOs:

ARTICLE Book Reading Related Cases Codal Date

Article 1 @August 17, 2021

Article 2 @August 17, 2021

Article 3 @August 17, 2021

Article 4 @August 17, 2021

Article 5 @August 17, 2021

Article 6 @August 18, 2021

Article 7 @August 18, 2021

Article 8 @August 18, 2021

Article 9 @August 18, 2021

Article 10 @August 18, 2021

Article 11 @August 19, 2021

Article 12 @August 19, 2021

Article 13 @August 19, 2021

Article 14 @August 19, 2021

Article 15 @August 19, 2021

Article 16 @August 20, 2021

Article 17 @August 20, 2021

Article 18 @August 20, 2021

Untitled

CASES

Chapter 1 - Effect and Application of Laws

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 ARTICLE 1

💡 This Act shall be known as the CIVIL CODE OF THE PHILIPPINES.

-Main draft was prepared by Roxas Code Commission, which was created under
EO No. 48 on March 20, 1947.

On January 26, 1949 the Senate and House of Representative passed R.A. No.
386, which is

💡 "the act to ORDAIN and INSTITUTE the Civil Code of the

Philippines."

ARTICLE 2
Based on 1950 Civil Code which took effect on August 30 1950

💡 The law shall take effect after fifteen (15) days following the
completion of their publication in the Official Gazette, unless it is
otherwise provided. This Code shall take effect one year after its
publication.

Amended by E.O. No. 200 (Section 1) - June 18, 1987

💡 The law shall take effect after fifteen (15) days following the
publication either in the Official Gazette or in a news paper of general
circulation in the Philippines, unless it is otherwise provided.

The Rule shall apply on the Presidential Decree and Executive Orders
promulgated by the President in the exercise of the legislative powers
whenever the same are validly delated by the legislature.

The Rule shall also apply to Administrative Rules and Regulations if their
purpose is to enforce or implement existing laws pursuant also to a
valid delegation.

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 There is no need to published if its an interpretative regulation and those
merely internal in nature, that is, regulating only the personnel of the
administrative agency and not the public.

Case: Tanada v. Tuvera

ARTICLE 3

💡 Ignorance of the law excuses no one from compliance therewith.

"Ignorantia legis non excusat" = "Ignorance of the law is no excuse"

Article 3 applies only to Mandatory and Prohibitory Laws

is a necessary consequence of the mandatory provision that all laws

must be published.

Without such notice and publication there will be no basis for the
application of maxim.

it is found not only on the expediency and policy but also on necessity

that every person who knows the law is conclusive presumption

ARTICLE 4

💡 Law shall have no retroactive effect, unless the contrary is provided.

for it is said that the law looks for the future and has no retroactive effects unless
the legislature may have given that effect to some legal provisions

RETROACTIVE APPLICATION

📌 Unless the purpose and intention of the legislature to give them a

retrospective effect is expressly declared or is necessarily implied
from the language of the enactment.

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 The following are instances when a law may be given retroactive effect:

1. When the law expressly provides for retroactivity.

a. Ex. Family code effectivity - specifically stated in Article 256 that

"shall have retroactive effect in so far as it does not prejudice or
impair vested or acquired rights in accordance with the Civil Code or
other laws"

2. When the law is curative or remedial.

3. When the law is procedural.

4. When the law is penal in character and favorable to the accused.

ARTICLE 5

💡 Acts executed against the provision of MANDATORY or

PROHIBITORY laws shall be void, except when the law itself
authorizes their validity.

MANDATORY PROVISION OF LAW

📌 -is when the omission of which, renders the proceeding or acts, to which it
relates generally illegal or void.

PROHIBITORY LAW

📌 -are those of which contain positive prohibitions and are couched in the
negative terms importing that the act required shall not be done otherwise
than designated.

ARTICLE 6

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 💡 Rights may be waived, unless the waiver is contrary to law, public policy,
morals or good customs, or prejudicial to a third person with a right
recognized by law.

WAIVER

PROHIBITION AGAINST WAIVER

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