EFFECT AND APPLICATION OF LAWS

A. Effect and application of laws

Law

It is a rule of conduct formulated and made obligatory by legitimate power of the state (Diaz, 2013).

Effectivity of laws

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 [New Civil Code (NCC),
Art. 2, as amended by EO 200)].

It depends on whether or not it has provided a specific date for its effectivity:

1. If date is specified– Upon the lapse of the said period following its complete publication and not before.

2. If no date is specified– 15-day period, which may either be on the 15th or on the 16th day depending on the
language used by the Congress in fixing the effectivity date of the statute (Rabuya, 2009).

a. 15th day - If the law declares that it shall become effective “15 days after its publication”

b. 16th day - If the law declares that it shall be effective “after 15 days following its publication”

3. If the law provides for immediate effectivity or upon approval – It is effective immediately after its complete
publication and not after signing by the President.

4. If the law is voluminous– Reckoning shall begin from the release of the last of the series.

“Unless it is otherwise provided” provision on effectivity of laws

The clause "unless it is otherwise provided" refers to the date of effectivity and not to the requirement of
publication itself. The requirement of publication may not be omitted in any event. This clause does not mean that
the legislator may make the law effective immediately upon approval, or on any other date without its previous
publication.

Publication requirement

Publication is indispensable in every case, but the legislature may in its discretion provide that the usual fifteen-day
period shall be shortened or extended (Umali v. Estanislao, G.R. No. 104037, May 29, 1992; Tañada v. Tuvera, G.R.
No. L-63915, December 29, 1986).

Publication must be in full or it is no publication at all since its purpose is to inform the public of the contents of the
law. The mere mention of the number of the presidential decree, the title of such decree, its whereabouts, the
supposed date of effectivity, and in a mere supplement of the Official Gazette cannot satisfy the publication
requirement. This is not even substantial compliance (Tañada v. Tuvera, G.R. No. L-63915, December 29, 1986).

Indispensability of publication

General Rule: All laws are required to be published in full.

NOTE: The reason for this rule is that the basic constitutional requirement of due process must be satisfied.
(Rabuya, 2009). Without such notice and publication, there would be no basis for the application of the maxim
ignoratia legis non excusat (Rabuya, 2009).

Exceptions to the Publication Requirement: O-R-L-I

1. Municipal Ordinances (governed by the Local Government Code);

 EFFECT AND APPLICATION OF LAWS

2. Rules and regulations which are internal in nature;

3. Letters of Instruction issued by administrative supervisors on internal rules and guidelines;

4. Interpretative regulations regulating only the personnel of administrative agency.

Exceptions to the Exceptions: D-E-P

Administrative rules and regulations that require publication:

1. The purpose of which is to implement or enforce existing laws pursuant to a valid Delegation;

2. Penal in nature;

3. It diminishes Existing rights of certain individuals.

NOTE: Circulars issued by the monetary board are required to be published if they are meant not to merely “fill in
details” of the Central Bank Act. As a rule, circulars which prescribe a penalty for violations should be published
before coming into effect. However, circulars which are mere statements of general policies as to how the law
should be construed do not need publication in the Official Gazette for their publication.

Where to publish

1. Official Gazette; or

2. Newspaper of general circulation in the Philippines

Newspaper of general circulation

For a newspaper to be considered of general circulation:

1. It must be published within the court’s jurisdiction;

2. It must be published at regular intervals for disseminating local news and general information;

3. It has a bona fide subscription list of paying subscribers; and

4. It is not devoted to the interest or published for the entertainment of a particular class, profession, trade, calling,
race or religious denomination (Alvarez v. People, G.R. No. 192591, June 29, 2011).

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Examples of administrative issuances which were not given force and effect for lack of publication

1. Rules and regulations issued by the Joint Ministry of Health-Ministry of Labor and Employment Accreditation
Committee regarding the accreditation of hospitals, media clinics and laboratories.

2. Letter of Instruction No. 416 ordering the suspension of payments due and payable by distressed copper mining
companies.

3. Memorandum Circulars issued by the POEA regulating the recruitment of domestic helpers to Hongkong.

4. Administrative Order No. SOSPEC 89-08-01 issued by Philippine International Trading Corporation regulating
applications for importation from the People’s Republic of China.

5. Corporate Compensation Circular No. 10 issued by the Department of Budget and Management discontinuing the
payment of other allowances and fringe benefits to government officials and employees (Ulep, 2006).

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Effectivity of Laws (1990)

 EFFECT AND APPLICATION OF LAWS

After a devastating storm causing widespread destruction in four Central Luzon provinces, the executive and
legislative branches of the government agreed to enact a special law appropriating P1 billion for purposes of relief
and rehabilitation for the provinces. In view of the urgent nature of the legislative enactment, it is provided in its
effectivity clause that it shall take effect upon approval and after completion of publication in the Official Gazette
and a newspaper of general circulation in the Philippines. The law was passed by the Congress on July 1, 1990.
signed into law by the President on July 3, 1990, and published in such newspaper of general circulation on July 7,
1990 and in the Official Gazette on July 10, 1990.

(a) As to the publication of said legislative enactment, is there sufficient observance or compliance with the
requirements for a valid publication? Explain your answer.

(b) When did the law take effect? Explain your answer.

(c) Can the executive branch start releasing and disbursing funds appropriated by the said law the day following its
approval? Explain your answer.

SUGGESTED ANSWER:

(a) Yes, there is sufficient compliance. The law itself prescribes the requisites of publication for its effectivity, and
all requisites have been complied with. (Article 2, Civil Code)

(b) The law takes effect upon compliance with all the conditions for effectivity, and the last condition was complied
with on July 10, 1990. Hence, the" law became effective on that date.

(c) No. It was not yet effective when it was approved by Congress on July 1, 1990 and approved by the President on
July 3, 1990. The other requisites for its effectivity were not yet complete at the time.