What does Art. 2 of the Civil Code say?
Laws shall take effect after fifteen days
As a general rule, may a law provide for its own
effectivity?
When shall the 15-day computation start?
What if the law says that 'it shall be effective after
15 days following its publication', when shall it be
effective?
When is the effectivity of the law if it is silent as
to its effectivity?
If the law provides for its own effectivity, may it
be effective even without the publication
requirement?
What is the rationale behind the publication
requirement of the laws?
As to the publication requirement of the laws,
where should the publication be made?
Should the publication be in full?
Art. 2.
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. (As
amended by E.O. No. 200)
A law may provide for its own effectivity. But if
the law is silent, it shall take effect 15 days
following its complete publication.
The 15-day period may either be on the 15th day
or on the 16th day depending on the language
used by Congress in fixing the effectivity date of
the statute.
If the law says 'it shall be effective after 15 days
following its publication', it shall be effective on
the 16th day.
When the law is silent as to its effectivity, then it
shall take effect after fifteen (15) days following
the completion of its publication.
No--in Tanada v. Tuvera, the Court ruled that
Art. 2 of the Civil Code does not preclude the
requirement of publication in the OG even if
the law itself provides for its effectivity since
the clear object of the law is to give the
general public adequate notice of the various
laws which are to regulate their actions and
conduct as citizens.
Without such notice and publication, there
would be no basis for the application of the
maxim 'ignorantia legis non excusat'.
That it would be the height of injustice, according
to the Court, to punish or otherwise burden a
citizen for the transgression of a law of which he
had no notice
whatsoever, not even a constructive one.
In Tanada v. Tuvera, the Court ruled that
publication must be effected only in the
Official Gazette.
But because of this ruling EO 200 was
effected by then Pres. Cory Aquino,
amending Sec. 2 of the Civil Code. Pursuant
to this amendatory law, publication of laws
may now either be in the Official Gazette or in
a newspaper of general circulation in the
Philippines.
Publication must be in full or it is no publication
at all since its purpose is to inform the public of

What does 'newspaper of general circulation'
mean?
Does the newspaper of general circulation mean
that it must be a newspaper with the largest
circulation?
Where does the clause 'unless it is otherwise
provided' refer to?
May the legislative department at its discretion
extend or shorten the 15-day period?
What does the term "laws" refer to in Art. 2?
the contents of the laws.
To be a newspaper of general circulation, it is
enough that it is published for the dissemination
of local news and general information, that it has
a bona fide subscription list of paying subscribers,
and that it is published at regular intervals.
No. It is enough that it is published for
dissemination of local news and general
information, has a bona fide list of paying
subscribers, and is published at regular intervals.
It refers to the date of effectivity and not to the
requirement of publication itself, which cannot in
any event be omitted.
The legislative may, in its discretion, provide that
the usual 15-day period shall be shortened or
extended. For example, the Civil Code did not
become effective after fifteen days from its
publication in the Official
Gazette but "one year" after its publication.
- Presidential Decrees and Executive Orders
- Administrative Rules and Regulations
- Monetary Board Circulars
- Municipal Ordinances
- Supreme Court decisions