Introduction to Law
for WLC Law
EFFECT AND
APPLICATION OF
LAWS
[New Civil Code (NCC). Art. 2,as amended by EO 200)]
Art. 2. 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.
EFFECTIVITY OF LAWS
GR: Laws take effect 15 days following the completion of
its publication.
The fifteen-day period only applies if the law does not
provide its own effectivity.
XPN: “Unless otherwise provided by Law”
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
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:
This clause 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 legislature may make the law effective
immediately upon approval, or on any other date without its
previous publication.
It does not mean unless the law provides that there is
no need for publication.
In the case of Tañada v. Tuvera, the Supreme Court
said that it means unless the law provides for a
shorter or longer period of fifteen days but the
publication should not be dispensed with.
For Intro to Law Students ONLY | Please do not rely on this alone. I encourage you to verify and supplement.
ANTS Notes
PUBLICATION
Ø Mandatory
Ø For the familiarization of the Statute and to inform
the public of its existence.
Ø It is an indispensable requisite of due process.
Whether the law is punitive or not, publication is
necessary.
Ø Publication must be full. 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)
IN A NEWSPAPER OF GENERAL CIRCULATION
Publication should be made in the Official Gazette and in
the Official Gazette and in newspaper of as provided by
EO 200 of Pres. Corazon Aquino in 1987.
I 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)]
I Effectivity: It depends on whether or not it has
provided a specific date for its effectivity:
I If the date is specified - Upon the lapse of the
said period following its complete publication and
not before.
I 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 Congress in
fixing the effectivity date of the statute.
I 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.
I If the law is voluminous- Reckoning shall begin
from the release of the last of the series.
THE PUBLICATION REQUIREMENT IS
INDISPENSABLE:
Publication must be in full or it is no publication at all.
(Tañada v. Tuvera, G.R. No. L-63915, December 29,
1986)
1
Introduction to Law ANTS Notes
for WLC Law

NOTE: The reason for this rule is that the basic constitutional
requirement of due process must be satisfied. Without such
notice and publication, there would be no basis for the
application of the maxim ignoratia legis non excusat.
XPNs to the PUBLICATION REQUIREMENTS [ORLI]
3. In order that fraud may make a contract voidable,
it should be serious and should not have been
employed by both contracting parties. Incidental
fraud only obliges the person employing it to pay
damages. (NCC, Art. 1344)

1. Municipal Ordinances (governed by the Local

Government Code): LAWS COVERED
2. Rules and regulations which are internal in nature;
3. Letters of Instruction issued by administrative The laws referred to under Art. 3 of the NCC are those of
supervisors on internal rules and guidelines; the Philippine Laws and it applies to all kinds of domestic
4. Interpretative regulations regulating only the laws, whether civil or penal, substantive or remedial.
personnel of administrative agency. However, the article is limited to mandatory and prohibitory
laws. It does not include those which are merely
XPNs to the XPNs [DEP] permissive.
Administrative rules and regulations that require publication: Prevent undue encroachment against the life, liberty, and
property of individuals.
1. The purpose of which is to implement or enforce
existing laws pursuant to a valid Delegation;
2. Penal in nature: and
3. If it diminishes Existing rights of certain individuals. MISTAKE OF MISTAKE OF
BASIS
FACT LAW
IGNORANCE OF THE LAW Want of Want of
knowledge of knowledge or
Art. 3. Ignorance of the law excuses no one from some fact or acquaintance
compliance therewith. (2) facts with the laws of
Want of
constituting or the land insofar
knowledge
Ignorance of the Law Excuses No One relating to the as they apply to
pertains to
subject matter the act, relation,
Ø Founded on expediency, policy, and necessity so on hand duty, or matter
as to prevent evasion of the law. under
consideration
Ø Basis of Supreme Court in saying all laws must be When some Occurs when a
published. Every person is presumed to know the facts which person having
law as long as it is properly published. It would be really exist are full knowledge
unfair to punish people for violating laws that were unknown or of the facts
Nature of
never published. some fact is come to an
Mistake
supposed to erroneous
This provision refers only to mandatory or prohibitory exist which conclusion as
laws, not permissive or suppletory laws. does not really to its legal
exist effects
Good faith is Not excusable,
PRESUMPTION OF KNOWLEDGE OF LAWS Defense an excuse even in good
faith
GR: Everyone is conclusively presumed to know the law.
Hence, ignorance of the law excuses no one from
compliance therewith. (NCC, Art. 3) Important: This only applies to ignorance of domestic
law.
This conclusive presumption presupposes that the law has
been published. Without such notice and publication, there IGNORANCE OF A FOREIGN LAW
would be no basis for the application of the maxim ignoratia
legis non excusat. I Ignorance of Foreign Law:

XPNS: Ignorance of the foreign law is not ignorance of the

law. It is ignorance of fact because foreign laws
1. Mistake upon a doubtful or difficult question of law must be alleged and proved as a fact.
may be the basis of good faith. [NCC, Art. 526 (3)]

2. Payment by reason of a mistake in the

construction or application of a doubtful or difficult
question of law may come within the scope of the
preceding article.(NCC, Art. 2155)

For Intro to Law Students ONLY | Please do not rely on this alone. I encourage you to verify and supplement. 2
Introduction to Law
for WLC Law
RETROACTIVITY OF LAWS
Art. 4. Laws shall have no retroactive effect, unless the
contrary is provided. (3)
INSTANCES WHERE THE LAW MAY BE APPLIED
RETROACTIVELY
Laws may only be applied retroactively when:
1. When the law expressly provides for its
retroactivity;
Note: This is only applicable to Civil Laws
2. When the law is curative or remedial in nature;
3. When the law is procedural;
4. When the law is penal in character and
favorable to the accused;
Note: If it is not favorable, it would be an ex post
facto law.
Example: The suspension of Death Penalty Law
by the 1987 Constitution benefits those who are
charged of capital offenses and those cases
pending in court.
TN: The retroactive application is automatic so
long as it’s a penal law and favorable to the
accused.
5. When a substantive right is declared for the
first time, unless vested rights are impaired;
Note: A law cannot be given a retroactive effect if
it will impair a vested right.
WAIVER OF RIGHTS
WAIVER
It is a voluntary and intentional relinquishment or
abandonment of a known existing legal right, advantage,
benefit, claim or privilege, which except for such waiver the
party would have enjoyed.
RIGHT
It is a legally enforceable claim of one person against another,
that the other shall do a given act, or shall not do a given act.
A RIGHTS WHICH CANNOT BE WAIVED
(1) Natural right to life
(2) Rights which did not exist yet
Example: Waiver of future inheritance is void as it
is contrary to law. The right does not exists yet. If
the inheritance has already accrued, waiver may
be valid except when it is done to prejudice a
creditor.
For Intro to Law Students ONLY | Please do not rely on this alone. I encourage you to verify and supplement.
ANTS Notes
(3) Political Rights
Example: The agreement between the Mayor and
the candidate for Vice-Mayor to split the term of
office is null and void. The constitution says a
public office is beyond the commerce of man, a
matter of public trust, cannot be an object of a
contract, void ab initio. Also, it is contrary to public
policy.
(4) Renunciation of rights which would violate
public policy
Examples:
Agreement between husband and wife who have
separated de facto to not sue the other of
concubinage or adultery isvoid.
A contract of sale with right to repurchase with a
prohibition against selling the property to another
except the heirs of the vendor a retro is null and
void since it is a perpetual restriction on the right
of ownership. Only the prohibition is void, not the
whole contract itself. (Leal vs. IAC)
When the government gives a person a land, the
latter is not supposed to sell that within 5 years
because thegovernment wants to give lands to the
landless. If the recipient transacts it within the
prohibitive period of 5 years, he cannot waive
his/her right to redeem the land because the land
that was given by the government is basically
founded on public policy and you cannot waive a
right that is given by law founded on public policy.
CAN RIGHTS BE WAIVED?
GR: Rights may be waived
XPNs:
1. If waiver is:
a. Contrary to law, public order, public policy, morals
or good customs;
b. Prejudicial to a third person with a right recognized
by law. (e.g. If A owes B P10M. B cannot waive
the loan if B owes C and B has no other assets].
2. If the right is:
a. natural right, such as right to life:
b. Inchoate, such as future inheritance.
REQUISITES OF A VALID WAIVER
1. Waiving party must actually have the right he is
renouncing;
2. He must have full capacity to make the waiver;
3. Waiver must be clear and unequivocal;
4. Waiver must not be contrary to law, public order,
public morals, etc; and
3
Introduction to Law
for WLC Law
5. When formalities are required, they must be complied
with.
LEGAL PERIODS
1. Year - 12 calendar months.
A Calendar Month is "a month designated in the
calendar without regard to the number of days it may
contain." It is the "period of time running from the
beginning of a certain numbered day of the next month,
and if there is not sufficient number of days in the next
month, then up to and including the last day of that
month."
2. Month - 30 days, unless designated by their name, in
which case, they shall be computed according to the
number of days which they
respectively have;
3. Day- 24hours;
4. Nighttime - from sunset to sunrise;
5. Week - 7 successive days regardless of which day it
would start;
For Intro to Law Students ONLY | Please do not rely on this alone. I encourage you to verify and supplement.
ANTS Notes
6. Calendar week - Sunday to Saturday.
NOTE: In the computation of period, the first day shall be
excluded, and the last day included.
WHAT HAPPENS IF THE LAST DAY FALLS ON A
SUNDAY OR LEGAL HOLIDAY?
If the act to be performed within the period is:
A. Prescribed or allowed by:
a. The Rules of Court;
b. An order of the court; or
c. Any other applicable statute.
The last day will automatically be the next working
day.
B. From a contractual relationship - The act will still become due
despite the fact that the last day falls on a Sunday or a legal
holiday. This is because obligations arising from contracts have
the force of the law between the contracting parties.
=========== NOTHING FOLLOWS ==========
4
Introduction to Law ANTS Notes
for WLC Law

MANDATORY AND PROHIBITORY LAWS

Art. 5. Acts executed against the provisions of mandatory

or prohibitory laws shall be void, except when the law itself
authorizes their validity. (4a)

Laws mandating people to do something are mandatory

laws.

Laws prohibiting people from doing something are prohibitory

laws.

DIRECTORY LAWS

Laws that are optionally obeyed or not are directory laws.

Violations to such are not rendered void or illegal.

A statute requiring rendition of judgment within a specified

time is generally construed to be merely directory, so that
non-compliance withthem does not invalidate the judgment

GR: Acts in violation of mandatory and prohibitory laws are

void.

XPNs:

(1) When the law makes the act not void but
merely voidable.

Example: Consent of a party to a marriage should be

given freely and voluntarily, otherwise the marriage
is voidable, not void. (Art.45, FC)

(2) When the law makes the act valid, but the
wrongdoer is subject to liability.

Example: The widow is prohibited to marry within 300

days from death of husband (Art. 351) although the
marriage will be valid as long as she can procure the
marriage license without prejudice to her criminal
liability under the law.

(3) When the law itself makes the act valid when it
should have been void.

Example: Gambling is prohibited by law, except

Lotto or Sweepstakes.
For Intro to Law Students ONLY | Please do not rely on this alone. I encourage you to verify and supplement. 5
Introduction to Law ANTS Notes
for WLC Law

REPEAL OF LAWS
Art. 7. Laws are repealed only by subsequent ones, and their The new law which impliedly repealed the prior law is itself
violation or non-observance shall not be excused by disuse, repealed, the old one shall be revived unless the language of
or custom or practice to the contrary. the repealing statuteprovides otherwise. (US vs. Soliman)

When the courts declare 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. (5a)
REPEAL OF LAWS
An existing law can only be changed by a passage of a new
law that is inconsistent with the existing law. The repeal of a
law can only be done either express or implied.
EXPRESS REPEAL
When a newly passed law expressly provides that it repeals
the old law.
IMPLIED REPEAL
UNCONSTITUTIONAL LAWS
The Constitution is the supreme, basic, and fundamental law
of the land. In case of conflict between Constitution and the
statute, the former willprevail.
However, in deciding the constitutionality of the statute, every
presumption favors the validity of the same and when
possible, statutesshall be given a meaning that will not bring
in conflict with the Constitution.
A law is unconstitutional when:
i. Its Enactment is not within legislative powers of
Congress
ii. Arbitrary Methods may have been established
iii. The Purpose or effect violates the Constitution or
basic principles (i.e. Bar Flunkers Law. [In re:
Cunanan])

Occurs when the new law does not state that it repeals the
existing law but by looking at the provisions of the new law it
is really irreconcilable with the old law.

Important: Implied repeals are not favored. The court should

not be quick to declare an implied repeal. If both statutes can
stand together, or the provisions can be reconciled, then
there is no repeal.

LAPSE OF LAW

When the law has an expiration date, it dies without a repeal.

However,frequently violated or unused laws are not rendered
invalid.

REVIVING A REPEALED LAW

The new law which expressly repealed the old one is itself
repealed, theold one shall not be revived unless expressly so
provided.

For Intro to Law Students ONLY | Please do not rely on this alone. I encourage you to verify and supplement. 6
Introduction to Law
for WLC Law
JUDICIAL DECISIONS
Art. 8. Judicial decisions applying or interpreting the laws
Supreme Court decisions may be abrogated by:
or the Constitution shall form part of the legal system of the
Philippines. (n)
DECISIONS OF THE SUPREME COURT
Decisions of the Supreme Court forms part of our legal
system. It is called “jurisprudence”.
It is not considered as laws by virtue of the Doctrine of
Separation of Powers. The SC cannot make laws since it is
the legislative’s function.
è The duty of the Supreme Court is to interpret the
laws. Its decisions establishes the contemporaneous
legislative intent of the law, thus, the interpretation of
laws has the force and effect of a law. Hence, it is
partof the law of the land.
DECISIONS OF THE LOWER COURT
Only the Supreme Court’s decisions can establish
jurisprudence or doctrines. The decisions of the lower court
are merely persuasive in nature and do not have a mandatory
effect.
However, the Court of Appeals may serve as a judicial guide
to the lower courts.
EFFECT OF JUDICIAL DECISIONS
A Supreme Court decision, unlike laws or statutes, cannot be
applied retroactively. Its decisions can only be applied
prospectively.
Persons acting faithfully to a doctrine shall not be held liable
if the said doctrine has been rejected as long as the person
acted before the doctrine was rejected by the new doctrine.
è When an SC doctrine has been overruled and a
different view is adopted, the new one shall be
applied prospectively and should not prejudice
person who relied on the overturned doctrine.
For Intro to Law Students ONLY | Please do not rely on this alone. I encourage you to verify and supplement.
ANTS Notes
ABROGATION OF SUPREME COURT DECISIONS
REVIVING A REPEALED LAW
(i) Contrary ruling by Supreme Court itself;
A decision of a Supreme Court can only be revoked or
repealed if a new doctrine has been established which is
different and contrary to the old doctrine. This is different
from a statute in which it can only be repealed by an
enactment of a subsequent law.
(ii) Corrective legislative acts of Congress
Important: Congress cannot alter a constitutional
interpretation of the Supreme Court. That would amount to
an unwarranted assumption of judicial power. The Supreme
Court is the only one that can interpret the Constitution.
(Endencia vs David)
DUTY OF JUDGE WHEN THE LAW IS SILENT
Art. 9. No judge or court shall decline to render judgment
by reason of the silence, obscurity or insufficiency of the
laws. (6)
DUTY OF JUDGE
Judges are duty bound to render judgment even when the
law is silent or obscure. They can apply any law as long as it
is fair and just. Customsand general principles of law can also
be used.
WHAT IS THE ROLE OF THE JUDICIARY?
The role of the Judiciary is to apply and interpret the laws.
However, due to this provision, courts must legislate to
adhere to its duties to never decline rendering of judgement.
The Judiciary must fill in the gaps of the law. (Floresca v.
Philex Mining Corp)
TAKE NOTE CLASS: The judge must decide the case by all
means. A judge cannot refuse to decide a case simply
because there is no law applicable. This is the argument of
the SC that it cannot avoid a judicial legislation because there
are instances where the court is confronted with a problem or
a case where there is no applicable law, but the Civil Code
7
Introduction to Law ANTS Notes
for WLC Law

says: “the judge must have to decide the case by all means
even if the law is silent,” it cannot be left hanging. He must
decide.
INTERPRETATION OF LAWS
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)
FUNCTION OF THE JUDICIARY
CUSTOMS
Art. 11. Customs which are contrary to law, public order
or public policy shall not be countenanced. (n)
Art. 12. A custom must be proved as a fact, according to
the rules of evidence. (n)
Custom is defined as a rule of conduct formed by repetition
of acts, uniformly observed and practiced as a social rule,
legally binding and obligatory.

The judiciary’s primary function is to apply the law. When the
law is clear, no interpretation is needed. Courts will only
interpret if there’s an ambiguity in its provisions.
If there are more than one possible interpretation of the law,
the one that will achieve the ends desired by Congress shall
be adopted.
Courts take no judicial notice of customs which can only be
established as evidence when proven as a fact.
Customs can only be used in the absence of an applicable law
but cannot prevail over a statutory rule or even a legal rule
made by the Supreme Court

EQUITY

Courts should not apply equity if equity does not serve the
ends of justice. Equity cannot be invoked to reopen a case. If
remedies are given, it should only be within what is
prescribed. Equity follows the law.

EQUITY FOLLOWS THE LAW

The rule on equity can only be applied in the absence of,

but never against the statute or law. Courts exercising
equity jurisdiction are bound by the rules of law and have no
arbitrary discretion to disregard them. In other words, equity
cannot be used if there is an applicable law.

For Intro to Law Students ONLY | Please do not rely on this alone. I encourage you to verify and supplement. 8
Introduction to Law ANTS Notes
for WLC Law

For Intro to Law Students ONLY | Please do not rely on this alone. I encourage you to verify and supplement. 9