INTRODUCTION

TO LAW
(SESSION 3)
COMMON LAW OR STATUTORY
LAW?
 CRUZ VS. PAHATI GR. NO. L-8257

Between a common law principle and a statutory

provision, the latter must undoubtedly prevail in this
jurisdiction.
 CHAPTER I, PRELIMINARY TITLE OF
THE NCC

Art. 2. Laws shall take effect after fifteen days

following the completion of their publication in the
Official Gazette, unless it is otherwise provided. This
Code shall take effect one year after such publication.
(1a)
 CHAPTER I, PRELIMINARY TITLE OF
THE NCC

Art. 3. Ignorance of the law excuses no one from

compliance therewith.
 CHAPTER I, PRELIMINARY TITLE OF
THE NCC

Art. 4. Laws shall have no retroactive effect, unless

the contrary is provided. (3)
CHAPTER I, PRELIMINARY TITLE OF THE
NCC
Art. 7. Laws are repealed only by subsequent ones, and their
violation or non-observance shall not be excused by disuse, or
custom or practice to the contrary.

When the courts declared a law to be inconsistent with the

Constitution, the former shall be void and the latter shall govern.

Administrative or executive acts, orders and regulations shall be

valid only when they are not contrary to the laws or the
Constitution.
 CHAPTER I, PRELIMINARY TITLE OF
THE NCC

Art. 8. Judicial decisions applying or interpreting the

laws or the Constitution shall form a part of the legal
system of the Philippines. (n)
 CHAPTER I, PRELIMINARY TITLE OF
THE NCC

Art. 9. No judge or court shall decline to render

judgment by reason of the silence, obscurity or
insufficiency of the laws. (6)
 CHAPTER I, PRELIMINARY TITLE OF
THE NCC

Art. 10. In case of doubt in the interpretation or

application of laws, it is presumed that the lawmaking
body intended right and justice to prevail. (n)
 CHAPTER I, PRELIMINARY TITLE OF
THE NCC

Art. 14. Penal laws and those of public security and

safety shall be obligatory upon all who live or sojourn
in the Philippine territory, subject to the principles of
public international law and to treaty stipulations. (8a)
 CHAPTER I, PRELIMINARY TITLE OF
THE NCC

Art. 14. Penal laws and those of public security and

safety shall be obligatory upon all who live or sojourn
in the Philippine territory, subject to the principles of
public international law and to treaty stipulations. (8a)
 LAW AND ITS
APPLICATION

Mandatory vs. Directive

 LAW AND ITS
APPLICATION

Prospective vs. Retroactive

Application
 LAW AND ITS
APPLICATION

Prospective vs. Retroactive

Application
 EXCEPTIONS TO
PROSPECTIVE
APPLICATION OF LAWS

1. If the law itself provides for

retroactivity.

2. If the law is remedial in nature, since

there are no vested rights in rules of
procedure.
 EXCEPTIONS TO
PROSPECTIVE
APPLICATION OF LAWS

3. If the statute is penal in nature,

provided it is favorable to the
accused/convict and the latter is not a
habitual delinquent as defined under the
Revised Penal Code[11].
 EXCEPTIONS TO
PROSPECTIVE
APPLICATION OF LAWS

4. If the law is of an emergency nature

and are authorized by the police power
of the government[12].
 EXCEPTIONS TO
PROSPECTIVE
APPLICATION OF LAWS

5. If the law is curative, provided it does

not impair vested rights nor affect final
judgments[13].
 EXCEPTIONS TO
PROSPECTIVE
APPLICATION OF LAWS

6. If a substantive right is to be declared

for the first time, unless vested rights are
impaired.