PERSONS - REVIEWER.docx - PERSONS FAMILY RELATIONS REVIEWER ARTICLE 2 Effectivity of Law Law will take effect base on the provision of the law itself

PERSONS - REVIEWER.docx - PERSONS FAMILY RELATIONS REVIEWER...

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PERSONS & FAMILY RELATIONS REVIEWER ARTICLE 2: Effectivity of Law - Law will take effect base on the provision of the law itself. - When it provides for its own effectivity: it becomes effective of the specific date, as long as it has been published. - Then apply Article 2 which provides that law shall take effect after 15 days following the complete publication in the official gazette or newspaper of general circulation unless otherwise provided. - What is indispensable, however is the publication regardless the kinds of laws that has been passed by the congress, even if the law that would only benefit a specific person as long as it is a law, then it has to be published to be effective otherwise it will run counter to that due process clause of the constitution. - “unless otherwise provided” refers to the effectivity of the law precisely if the law itself provides for its own effectivity then it becomes effective – for as long as it has been published with what is mandatory in the compliance with the requirements of publication. - Under the case of Tanada vs. Tavera, this refers to several laws that were passed during the time of former President Marcos which were not published but were given effect and thus when Cory Aquino assumed office this was questioned before the Supreme Court. The Supreme Court said that all laws, presidential decrees, executive orders, as well as other laws that were not published are considered without any effect whatsoever likewise it also made mention of all laws that must be published for its effectivity but not when we speak of the decisions of the Supreme Court. Decisions of the Supreme Court are not laws, they merely serve in relation to Article 8 to interpret and apply the provisions of the law and the Constitution. While it may be true that it forms part of the judicial system of the Philippines, however, they are not laws, they merely serve to interpret the law or the Constitution. - In the case of De Roy v. CA, the Court said, it’s not the duty of the Supreme Court to publish judicial decisions rather it is the bounded duty of the lawyer to be abreast to the latest decisions of the Court. CASES under Article 2 TANADA v TUVERA, 136 SCRA 27 April 24, 1985 FACTS: The PETITIONERS, Tanada et al, seek a writ of mandamus to compel RESPONDENTS to publish, and/or cause the publication of various presidential issuances by invoking the people’s right to be informed under the Constitution as well as the principle that laws to be valid and enforceable must be published in the Official Gazette or otherwise effectively promulgated. Respondents contended that publication in the Official Gazette is not a sine qua non requirement for the effectivity of laws where the laws themselves provide for their own effectivity dates.
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