Art 2

- Publication via Internet = not compliance

Art 3

- There will be chaos and disorder if people will be excused for not knowing the law
- POLICY! NECESSITY! EXTIGENCY! = Principle of Due Process
- Principle of = Publication

Art 4

- General Rule: Laws enacted must have PROSPECTIVE APPLICATION

- Retroactive = violation of human rights
- Vested right – must not be violated by the retroactive
- Laws are for social order

Art 5

- What is mandatory? Prohibitory? Directory?

- Prohibitory? Anti-Gambling Act

Art 6

- Right = power, authority &

- Duty = imposed thing/ responsibility to be done by the person
- 4 sources of rights: consti, long-usage or customs, jurisprudence, & statute
- 5 Requisites for waiver:
1. Waive must be clear, equivocal
2. Must not be contrary to law, public order,
3. Actual existence of rights
4. Must have full capacity
5. Must comply in a prescribed form

Art 7

- Principle of
- Congress cannot pass irrepealable laws or nature. Why? Power granted to Congress is to enact
laws. Congress cannot pass laws that will prohibit the exercise of right to enact laws for future
Congress.
- Amendatory law
- Laws repealed by subsequent ones
- Present Congress CANNOT impose to FUTURE Congress
Art 7

- Present Congress can ALWAYS repeal past laws by former Congress

- ALL STATUTE MUST BOW DOWN TO MAJESTY OF CONSTITUTION
- Presidential Decree? NO, during Martial Law only
- 3rd par.; AO or EO must be based on an existing statute or law
- General or Special Law, which should prevail? SPECIAL
- Must look into the expressed law; repealing clause
- Implied repeal (entire consistency of laws) v Express repeal
- LOOK: What is the declaration in repealing clause!

Art 8

- Jurisprudence are not laws but have the EFFECT like a law
- Only the decisions of the SUPREME COURT
- STARE DECISIS =
- ORBITER DICTUM = the Court will settle an existing controversy brought before the court;
merely discussed in the court in passing, without making a discussion in passing
- Can Orbiter be used as a precedent? NO bec does not make binding effect on the parties
- Res Judicata?

Art 9

- SOI!
- What will the Court do in case of SOI? Based in equity, or court of different country
- Can be applied on Criminal law? NO, school of thought: applied to civil only & available too but
by dismissal of case bec court should render judgment still
- Nullum Sine Lege

Art 10

- Can be use of statutory construction of the laws

- How to resolve in case of doubt in law? Parameters

11 & 12

- Custom may be used as a defense it must be pleaded! The court cannot take judicial notice of a
custom, must be pleaded = according to rules of evidence
- 4 reqs:
13

- Must know how many days per month

14

- Court cannot confer jurisdictions, only laws!

- Criminal case applicable to foreigners? Yes, bec crime is against the state
- Subject to international law & treaty stipulations
- Doctrine of incorporation (all imp treaties became part of our laws, formally join of treaty by
signing) v transformation (existing treaty, not binding effect if the treaty will be passed into a
law in our jurisdiction)
- Generally accepted principle? No mass murder, even if not signatory, still applicable in the law
of the land, part of our legal system
- Ambassador in incognito? Liable for homicide, NO
- Territorial characteristics of criminal law

15

“Laws relating to family rights and duties, or to the status, condition and legal capacity of persons are
binding upon citizens of the Philippines even though living abroad.”

- Nationality principle
- Personal matters best resolved through laws of nationality
- What are family rights, duties, status, and conditions?
-