Handout No. 1 - Effect and Application of Laws

Handout No.
1: Effect and Application of Laws
Article 1. This Act shall be known as the "Civil Code of the

Philippines." (n)
Date of Effectivity: 30 August 1950
Article 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)
• EO 200 now provides for the publication of laws either in the

Official Gazette or in a newspaper of general circulation in the
Philippines
Example: Republic Act No. 9262, otherwise known as the "Anti-

Violence Against Women and Their Children Act of 2004".
SECTION 50. Effectivity – This Act shall take effect

fifteen (15) days from the date of its complete
publication in at least two (2) newspapers of general
circulation.
Article 3. Ignorance of the law excuses no one from compliance

therewith. (2)
• Based on the Latin maxim Ignorantia legis non excusat which

means Ignorance of the law excuses no one.
• Is this law reasonable?
• How are the people notified?
• Scope: Domestic laws, whether civil or penal
• How about ignorance of foreign laws?
• How about ignorance or mistake of fact?
• Ignorantia facti excusat
Problems:
1
1. Tigreal saw a bunch of Php 1,000.00 amounting to Php
10,000 on the road. Believing that no one was around, he
immediately got the money and left. Did Tigreal commit any
crime?
2. A is indebted to B in the amount of Php 2M. According to

B, in his country (foreign), indebtedness amounting to such
automatically earns an interest of 30% per month. There is no
written stipulation regarding the interest. A did not pay the
interest. B sued A. A argued that he is not aware of such law in
B’s foreign country. Can A validly argue ignorance of B’s foreign
law to escape liability for paying the interest?
3. One night, Jose was awakened by the loud and persistent

knocks on his door. Wary about the series of robbery with
homicide in his barangay, Jose got hold of a knife, asked the
person knocking to tell who he was and warned him not to enter
the house. The person knocking did not heed Jose’s demand
and was able to forcibly open the door. Jose poked his knife at
the person the moment the latter was able to enter the house.
It turned out the person knocking is not a robber but just a
drunk fellow. Charged with serious physical injuries, can Jose
validly set up any defense?
Article 4. Laws shall have no retroactive effect, unless the contrary

is provided. (3)
General Rule: Laws are prospective in application.
Exceptions:
1. If the law itself provides for its retroactivity, but in no case must
an ex post facto law be passed.
What is an ex post facto law?
It is a law that:
a) Makes an act done before the passage of law criminal

which was not when done
2
b) Aggravates the nature of the offense or makes it greater
than it was when committed
c) Changes punishment or inflicts a greater penalty
d) Alters legal rules of evidence (authorizes conviction upon
less burden of proof)
e) Deprives the person of the accused of some lawful
protection
Why is the passage of an ex post facto law prohibited?
2. If the laws are remedial or procedural in nature
3. Penal laws that are favorable to the accused
Article 5. Acts executed against the provisions of mandatory or

prohibitory laws shall be void, except when the law itself authorizes
their validity. (4a)
Article 6. Rights may be waived, unless the waiver is contrary to law,

public order, public policy, morals, or good customs, or prejudicial to
a third person with a right recognized by law. (4a)
Requisites of a valid waiver
a) The person waiving must be capacitated to make the waiver.

b) The waive must be made clearly but not necessarily express.
c) The person waiving must actually have the right he is
renouncing
d) The waiver must not be contrary to law, morals, good customs,
public order, public policy
e) The waiver must no prejudice others with a right recognized by
law
Examples of rights which cannot be waived:
a) Natural rights like the right to life and right to be supported.

b) Alleged rights which do not exist yet like future inheritance
Example of a right which can be waived:
3
Right of a person during custodial investigation (1987
Constitution, Article III, Section 12)
Article 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. (5a)
Article 8. Judicial decisions applying or interpreting the laws or the

Constitution shall form a part of the legal system of the Philippines.
(n)
• Concept of jurisprudence
Illustration:
At the height of the COVID-19 surge, Fanny is charged with

violation of an ordinance ordering the wearing of face shield before
the Municipal Trial Court in City X. Fanny offered as a defense the
Decision of the Municipal Trial in City Y dismissing all cases of
non-wearing of face shields. Will her defense prosper?
Article 9. No judge or court shall decline to render judgment by

reason of the silence, obscurity or insufficiency of the laws. (6)
Can a judge decline to impose a penalty which she believes is

too harsh?
Article 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)
Article 11. Customs which are contrary to law, public order or public
policy shall not be countenanced. (n)
4
Article 12. A custom must be proved as a fact, according to the rules
of evidence. (n)
Article 13. When the laws speak of years, months, days or nights, it
shall be understood that years are of three hundred sixty-five days
each; months, of thirty days; days, of twenty-four hours; and nights
from sunset to sunrise.
If months are designated by their name, they shall be computed by

the number of days which they respectively have.
In computing a period, the first day shall be excluded, and the last
day included. (7a)
Article 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)
General Rule: Penal laws apply only within our territory.
(Extraterritorial Application): Revised Penal Code, Article 2.

Application of its provisions. - Except as provided in the treaties and
laws of preferential application, the provisions of this Code shall be
enforced not only within the Philippine Archipelago, including its
atmosphere, its interior waters and maritime zone, but also outside
of its jurisdiction, against those who:
1. Should commit an offense while on a Philippine ship or

airship
2. Should forge or counterfeit any coin or currency note of

the Philippine Islands or obligations and securities issued
by the Government of the Philippine Islands;
3. Should be liable for acts connected with the

introduction into these islands of the obligations and
securities mentioned in the presiding number;
5
4. While being public officers or employees, should commit
an offense in the exercise of their functions; or
5. Should commit any of the crimes against national

security and the law of nations, defined in Title One of
Book Two of this Code.
Article 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. (9a)
Nationality Principle
Article 16. Real property as well as personal property is subject to

the law of the country where it is situated.
However, intestate and testamentary successions, both with respect

to the order of succession and to the amount of successional rights
and to the intrinsic validity of testamentary provisions, shall be
regulated by the national law of the person whose succession is
under consideration, whatever may be the nature of the property and
regardless of the country wherein said property may be found. (10a)
• Lex rei sitae
Article 17. The forms and solemnities of contracts, wills, and other
public instruments shall be governed by the laws of the country in
which they are executed.
When the acts referred to are executed before the diplomatic or

consular officials of the Republic of the Philippines in a foreign
country, the solemnities established by Philippine laws shall be
observed in their execution.
Prohibitive laws concerning persons, their acts or property, and those

which have for their object public order, public policy and good
customs shall not be rendered ineffective by laws or judgments
promulgated, or by determinations or conventions agreed upon in a
foreign country. (11a)
6
• Lex loci celebrationis

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Handout No.

1: Effect and Application of Laws

Article 1. This Act shall be known as the "Civil Code of the

Date of Effectivity: 30 August 1950

• EO 200 now provides for the publication of laws either in the

Example: Republic Act No. 9262, otherwise known as the "Anti-

SECTION 50. Effectivity – This Act shall take effect

Article 3. Ignorance of the law excuses no one from compliance

• Based on the Latin maxim Ignorantia legis non excusat which

2. A is indebted to B in the amount of Php 2M. According to

3. One night, Jose was awakened by the loud and persistent

Article 4. Laws shall have no retroactive effect, unless the contrary

General Rule: Laws are prospective in application.

What is an ex post facto law?

a) Makes an act done before the passage of law criminal

Why is the passage of an ex post facto law prohibited?

2. If the laws are remedial or procedural in nature

3. Penal laws that are favorable to the accused

Article 5. Acts executed against the provisions of mandatory or

Article 6. Rights may be waived, unless the waiver is contrary to law,

Requisites of a valid waiver

a) The person waiving must be capacitated to make the waiver.

Examples of rights which cannot be waived:

a) Natural rights like the right to life and right to be supported.

Example of a right which can be waived:

Article 7. Laws are repealed only by subsequent ones, and their

When the courts declared a law to be inconsistent with the

Administrative or executive acts, orders and regulations shall be valid

Article 8. Judicial decisions applying or interpreting the laws or the

At the height of the COVID-19 surge, Fanny is charged with

Article 9. No judge or court shall decline to render judgment by

Can a judge decline to impose a penalty which she believes is

Article 10. In case of doubt in the interpretation or application of

If months are designated by their name, they shall be computed by

General Rule: Penal laws apply only within our territory.

(Extraterritorial Application): Revised Penal Code, Article 2.

1. Should commit an offense while on a Philippine ship or

2. Should forge or counterfeit any coin or currency note of

3. Should be liable for acts connected with the

5. Should commit any of the crimes against national

Article 16. Real property as well as personal property is subject to

However, intestate and testamentary successions, both with respect

• Lex rei sitae

When the acts referred to are executed before the diplomatic or

Prohibitive laws concerning persons, their acts or property, and those

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