Paras lokaj.pdf - Civil Code of the Philippines(PARAS Arts...

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Civil Code of the Philippines (PARAS Arts. 1- 51) 1 CIVIL CODE OF THE PHILIPPINES (PARAS ARTICLES 1-51) PRELIMINARY TITLE CHAPTER 1 Effect and Application of Laws ART. 1 ART. 2 Ordinary Law takes effect: 1. On the date it is expressly provided to take effect; or 2. If no date is made, then after 15 days following the completion of its publication in the OG or NGC When NO Publication is needed - Publication is not necessary so long as it is NOT PUNITIVE in character Law takes on the 16th day following the publication Rule relating to effectivity of law applies to a Central Bank Circular (Pp v. Que Po Lay) - The fact that the circular is punitive in character is the principal reason why publication should be made - Circulars which are mere statements of GENERAL POLICY as to how the law should be construed do NOT need presidential approval and publication in the OG for their effectivity Pp v. Que Po Lay - As a rule, circulars which prescribe a penalty for their violation should be published before becoming effective - Public should be officially and specifically informed of said contents and penalties for violation thereof ART. 3 Ignorantia legis non excusat - Article applies to all kinds of DOMESTIC LAWS, whether civil or penal, and whether substantive or remedial - Maxin refers only to MANDATORY and PROHIBITIVE LAWS, not to permissive or suppletory laws Ignorance of a foreign law is not ignorance of the law, but ignorance of the fact - There is no judicial notice of foreign laws - Doctrine of Processual Presumption: If a foreign law is not properly alleged and proved, the presumption is that it is the same as our law Ignorance of law as basis of Good Faith - NCC Art. 526: Mistake on a doubtful or difficult question of law may be the basis of good faith ART. 4 GR: Laws are PROSPECTIVE, not retroactive - If laws will be retroactive, grave injustice would occur because these laws would punish individuals for violations of laws not yet enacted Jurisdiction of a court depends on the law existing at the time an action is filed Applies to Amendment of Statutes - After an Act is amended, the original Act continues to be in force with regard to all rights that had accrued prior to such amendment EXCPNS to Prospective Effect of Laws: - Retroactive application in the following cases 1. If the laws themselves provide for retroactivity; but not an ex post facto law - Generally, the Constitution does not prohibit retroactive laws - Prohibition against ex post facto laws applies only to criminal matters and not to civil matters —> Ex. Imposition of Taxes 2. If laws are Remedial in nature - There are no vested rights in rules of procedure 3. If a statute is penal in nature, provided: a) It is favorable to the accused or convict b) Accused or convict is not a habitual delinquent 4. If the law are of an Emergency nature and are authorized by the police power of the government 5. If the law is Curative - Necessarily retroactive for the precise purpose is to cure errors or irregularities -
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