Civil Law Review > Effect and Application of Laws
When did the New Civil Code took effect?
August 30, 1950
• X had 2 spurious died. If he died in 1955, the spurious children will inherit if they are recognized voluntarily or compulsorily. If he died before Aug. 30, 1950, the children cannot inherit because under the Spanish Civil Code, spurious children cannot inherit.
When do laws in the Philippines take effect?
Laws take effect (1) 15 days following the publication either in (a) the Official Gazette or a in (b) a newspaper of general circulation in the Philippines, (2) unless it is otherwise provided. (EO 200, June 1987)
• If not provided, 15 days after publication;
• Bar 1990: if provided that “effective upon approval and publication…”, it takes effect when all requisites are met (e.g. approvals and publication)
• What is the Bill of Right behind publication? “The right of the people to information on matters of public concern.”
• What must be the manner of publication? It must be in full text. (Tañada vs. Tuvera)
Is publication needed? How?
Yes. Because the phrase “unless it is otherwise provided” refers to the date of effectivity and not the requisite of publication itself.
Publication is indispensable in every case. Publication cannot be omitted.
This means that legislators can only make the law effective upon its approval and subsequent publication, but laws cannot be made effective without prior publication. Legislators may only shorten or lengthen the time requirement of 15 days.
Publication must be in full or there is no publication at all.
What needs to be published?
1.Charters of cities;
2.All statutes, including private laws and those of local application (cities or provinces);
3.Presidential decrees (Marcos’ time)
4.Executive Orders
5.Administrative rules for the purpose of implementing existing law pursuant to a valid delegation.
6.Circulars issued by the Monetary Board if they are meant to “fill in the details” of the Central Bank Act.
What needs NOT be published?
1.Interpretative regulations and those merely internal in nature;
1.(e.g. COA Memorandum that doesn’t affect the rights of any individual – NAC vs COA)
2.Letters of instructions;
3.Municipal ordinances (Because they are covered by the Local Government Code)
A Republic Act has a clause, “shall take effect immediately upon its approval.” Is this valid?
No. Following Article 2 of the Civil Code and the doctrine in Tañada vs. Tuvera, laws shall take effect after its approval and publication in the Official Gazette or a newspaper of general circulation. Publication is an indispensable requirement to effectivity of laws. What the legislators can modify is the duration of its effectivity, but they cannot dispense the publication requirement because the public must be informed first of all its contents before they can be bound.
What is the rationale behind “ignorance of the law excuses no one?” vs. “mistake of law”
Public policy and necessity: Without this law, almost everyone may relieve themselves of criminal or civil liability by merely invoking ignorance of the law.
• Ignorance of the law is different from mistake of law. The latter is a ground for claiming possession in good faith, or may render a contract voidable, or may give birth to a quasi-contract of solutio indebiti.
Defendant argues “I am not liable because I am a layman in law. I did not know that this Labor Law is applicable to a business with less than 10 employees”
No. He cannot shield himself because in our legal system, “ignorance of the law excuses no one.”
They cannot hide under the cloak of ignorance.
Ignorance of the law vs. Mistake of fact
Ignorance of the law is not a ground to escape liability; Mistake of fact is the absence of knowledge of some material fact and is a legal defense or exempting circumstance.
(Art. 4, NCC)
For instance, if an individual is charged with theft but believed that the property he took was rightfully his, this mistake of fact negates any intent to deprive another of the property.
What “law” does this refer to?
This only applies to domestic laws and not foreign law, as foreign laws must be proven as a fact.
What if a foreign law is not pleaded and proved?
Processual presumption applies. The courts will presume that foreign law is the same as our domestic law.
• If the respondent failed to plead and prove the national law of the Netherlands, the courts will presume that the law of the Netherlands and the Philippines on parental support of the child is the same.
• Foreign law will not be applied when it will result to injustice on the part of the citizens of the forum. Even if the law of Netherlands does not enforce obligation on the father to support the child, such obligation is still enforceable because it would be a denial of justice for the child if he be denied of financial support when he is entitled thereto.
(Del Socorro vs. Van Wilsem)
Retroactivity of Laws
“Laws shall have no retroactive effect, unless the contrary is provided.” (Art. 4)
What is a retroactive law?
It is a law which:
1.Creates a new obligation;
2.Imposes a new duty;
3.Attaches a new disability in respect to a transaction already past.
Example of a retroactive law:
Retroactive criminalization: Suppose a government passes a law that makes a certain behavior illegal, such as smoking in public parks, and then applies that law to punish people for smoking in parks before the law was enacted.
Are retroactive laws prohibited?
No, our Constitution does not prohibit retroactive laws provided they do not impair (divest) rights to property and vested rights. (Camacho vs. CIR)
What is vested rights principle?
When a substantive law has already given a person a right in relation to life, liberty or property prior to the enactment of a new law.
Vested right = present fixed interest protected against arbitrary state action
The concept of “vested right” is a consequence of the constitutional guaranty of due process that expresses a present fixed interest which in right reason and natural justice is protected against arbitrary state action; it includes not only legal or equitable title to the enforcement of a demand but also exemptions from new obligations created after the right has become vested. Rights are considered vested when the right to enjoyment is a present interest, absolute, unconditional, and perfect or fixed and irrefutable.
What is an ex post facto law?
It is a law that punishes someone for an action that was not illegal when it was committed or increases the punishment for an offense after it was committed.
Non-retroactive effect of laws
As a rule, laws are have no retroactive effect, except:
1.When the law provides for its retroactivity;
2.Penal laws that favor the accused who is not a habitual criminal;
3.Procedural laws that do not affect vested rights;
4.When the law creates new substantive rights, unless vested rights are impaired;
5.Curative in character;
6.Interpretative of other laws.
7.If the purpose is laudible, even not provided in the law. (PNB vs. OP 67 SCRA 4, 252 SCRA 9)
What is a prohibitory law? It forbids actions
A type of legal regulation that explicitly forbids certain actions or behaviors.
Laws which contain positive prohibitions and are couched in negative terms. (Brehm vs. Republic) Acts in violation are likewise void.
Example of a prohibitory law: “No decree of legal separation shall be based upon a stipulation of facts or a confession of judgment.”
These laws are designed to prevent individuals or entities from engaging in specific activities that are considered harmful, dangerous, or contrary to public policy.
What is a mandatory law?
It obligates actions for the interest of the general public or third persons.
What happens to acts executed against mandatory or prohibitory laws?
GR: They are VOID.
XPN: When the law makes the act:
a.Merely voidable
b.Valid, but penalizes the wrongdoer;
a.Example: The law fixing the period within which a court decision should be rendered is merely DIRECTORY. It does not make the judge’s decision void, the judge may only be dealt with administratively if the wrongful intention is manifest.
c.Void, but recognizes some legal effect flowing therefrom.
a.e.g. Operative Fact Principle
Mandatory vs. Directory Laws
As to nature: Mandatory laws are made on the grounds of substantial necessity; directory laws are made for guidance, order or direction.
As to effect of non-compliance to the letter of the law: In mandatory laws, it leads to invalidity; While with directory laws, non-compliance have less injury to the general public and does not automatically lead to invalidity of actions if such actions are made under necessity.
What if a law makes a violation valid?
A law that makes a violation of a mandatory or prohibitory law will make such act as valid and enforceable.
What if a foreign law or judgment or conventions is against a Philippine mandatory law?
Such foreign law or judgment shall not render ineffective the prohibitive law of the Philippines concerning persons, acts or properties which were enacted for the purpose of public order, public policy, and good customs. (Article 17, NCC)
When it comes to public policy, it is the law of the forum that shall prevail because it is the forum that will enforce such law.
What is waiver?
It is the intentional relinquishment of a known right, benefit, claim or privilege. (Castro v. Del Rosario) (See exceptions next slide)
What is the nature of waiver of rights?
Waivers are not presumed.
Waivers must be clearly and convincingly shown, either by express stipulation or acts.
The right must exist at the time of waiver
What instances when waiver is void?
(1) If such waiver is contrary to law, morals, public policy;
(2) When prejudicial to a third person with a right recognized by law. (For example, right to future support, political rights, and future inheritance intended to prejudice creditors are likewise void)
Examples:
The preferential right of tenants to purchase a public land cannot be validly waived. (Contrary to Law)
Marriage is a social institution affected by public interest and a private agreement between the spouses that they consent to commit adultery or concubinage by the other spouse, thereby waiving their rights to live with each other, is a void agreement, as this is contrary to public policy and morals. (Contrary to public policy)
Rights and favors granted by law may generally be waived but the purpose of a law to promote greater public interests, liberty and morals cannot be defeated by private stipulation (Griffith vs. New York L. Ins)
What are the requisites of a valid waiver?
1.Person waiving:
1.The person waiving must actually have the right;
2.The person must be capacitated to make the waiver;
3.The waiver must made clearly, but not necessarily express;
2.The thing waived:
1.The waiver must not be contrary to law, morals, public policy.
3.Third persons
1.The waiver must not prejudice third persons.
What are the requisites of a valid waiver?
1.Person waiving:
1.The person waiving must actually have the right;
2.The person must be capacitated to make the waiver;
3.The waiver must made clearly, but not necessarily express;
2.The thing waived:
1.The waiver must not be contrary to law, morals, public policy, public order, or good customs. (LM PP Cu)
3.Third persons
1.The waiver must not prejudice third persons.
What is morals?
These are good customs or generally accepted principles of what is considered by the society as good. They are received with some kind of social and practical confirmation.
The right to transfer to other schools without being given the cash equivalent of scholarships can be waived because it is not a right that is considered good morals or good customs. It is done by schools to keep outstanding students in their school to bolster their prestige. (CUI vs. Arellano) It is a good strategy but not to the level of morality or social custom.
Can the right to repurchase be waived?
Yes. The right to repurchase must be expressly stipulated in the contract. A party cannot simply invoke that the right to repurchase is a public policy or good customs that is prohibited from being waived.
What is repeal of law? (Art. 7)
A legislative act of abrogating a law through a subsequent law.
How are laws repealed? Laws are repealed only by subsequent ones (Art. 7)
What can’t repeal laws? Violation or non-observance or laws shall not be excused by disuse, or custom or practice to the contrary. (Art. 7) DCP cannot be used as an excuse for disobeying/repealing laws.
Repeals are either express or implied.
• Implied repeal – when a new law contains provisions that are contrary to the former law without expressly repealing them. Implied repeals and implied amendments are not favored.
• Express repeal – when a new law expressly declares that a specific law is repealed, or that all parts inconsistent therewith are repealed.
The phrase “all laws and parts thereof inconsistent with the provisions of this Act are hereby repealed or modified accordingly” is not an express repeal because it fails to specify the law it intends to repeal.
What if there is a conflict between the general and specific law?
As much as possible, harmonize the laws. It must first be taken that the (a) laws must stand together; and that (b) the Legislature must be presumed to have not intended the conflict.
Otherwise, special laws will prevail only as to the parts they do apply. General laws applies to the rest.
What is an unconstitutional law?
One that contravenes that Constitution which is the supreme, organic, and fundamental law of the land.
Every law is presumed Constitutional, if possible. And every statute should be given meaning that will harmonize them with the Constitution.
If only a party of a law is declared unconstitutional, the remainder is deemed valid.
Administrative and Executive Acts, Rules and Regulations
What is their nature? The rules and regulations promulgated by an administrative agency must partake of the nature sanctioned by law.
Statutes (those made by Congress) are usually couched in general terms, and express policies, purposes and remedies. The details are left to the administrative agencies for enforcement. The executive must not extend the law itself, only its carrying out. (Victorias Milling vs. Social Security Commission)
The rules of court is binding in court so long as they are within the scope of statutory authority granted by the Congress, even if the courts are not in agreement behind the policy or wisdom with it. (Ibid.)
Judicial Decisions (Art. 8)
What is the nature of judicial decisions? They apply or interpret the laws or the Constitution.
What is the effect of judicial decisions? They become part of the legal system through the principle of Stare Decisis. They assume the same authority as the statute itself until abandoned by the Supreme Court. Decisions of the Supreme Court are precedent-setting, while those of the inferior courts are merely persuasive.
What has the duty to construe vague provisions of law relative to a particular dispute? The Court
What is the duty of the judges? To apply the law as interpreted by the Supreme Court.
What is construe/construction? The art or process of discovering and expounding the meaning and intention of the authors of the law with respect to its application to a given case. This is resorted to if the plain meaning is doubtful.
Can the courts legislate?
There are instances when “courts must legislate” as Justice Holmes once said, to fill in the gaps in the law because the mind of the legislator, like any other human beings, is finite. It is impossible for him to envisage all possible cases to which the law may apply.
When will the Court’s interpretation of a law take effect? What if there’s a new interpretation?
The interpretation retroacts to the date when the law was passed. Reason: The Court’s interpretation only clarifies the intent of the lawmakers when they enacted the law.
In case of a new and different interpretation:
The new doctrine should apply prospectively (futuristically) because parties are presumed to have relied on the old interpretation in good faith.
• Like in criminal laws, a person may only be liable if he has reasonably foreseen the law through interpretations of the Court.
Can the Congress enact a law that provides for a specific interpretation?
No. This will tie the hands of the courts in their task of later interpreting the statute, especially if the Congress’ proposed interpretation will conflict with the Court’s previous interpretation.
What instances may not prohibit a judge from rendering a judgment? (Art. 9)
SOIL – Silence, Obscurity, Insufficiency or the Laws.
• In this case, he must be guided with equity and general principles of law. If a judge decided with logic, he is deemed competent.
• Why should a judge decide in the absence of laws? Because even the minds of legislators are finite wherein they cannot envisage all possible cases to which the law may apply. There will always be gaps from time and therefore courts must legislate. – Justice Holmes
Maxim of Roman Law: When the laws are silent or unclear… the courts should respond to the vehement urge of conscience.
How should the courts interpret and apply laws? (Art. 10)
In the exact order:
1.Interpret and apply the law
2.If there is doubt, use statutory construction principles.
• Interpretation should “not be at war with the end sought to be attained.”
• It is presumed that the law makers intended right and justice to prevail.
3.If there is impossibility of application or inadequacy of law, apply general principles of justice or equity.
Can a person use “equity” as a reason to circumvent a law that sufficiently provides a remedy?
No. Equity can only be invoked if there is no law that gives a remedy.
But if there is a particular remedy given by law, it would be very improper for the court to extend the law beyond what the law allows. It is settled that laws follow equity. And if there’s a law sufficient to provide a remedy, courts must not decide based on equity.
In case of obscurity, insufficiency, or silence of law, what rules should be applied?
The judge shall apply the custom of the place, or general principles of law and justice. (e.g. Good Faith, Equality before the law, equity, due process)
What is a custom? (Art. 7)
Is a juridical rule which results from a constant and uniform practice by a society in relation to a particular state of facts, and observed with a belief that it is juridically obligatory.
a.Practice
a.Constant and continued practice (for a long period of time) and
b.Uniform practice by the members of a social community (by a great mass of people, not necessarily identical, plurality of acts);
c.Conformity with morals and public policy (otherwise, not countenanced)
b.Observed with a conviction that it is juridically obligatory
In PIL, this is (a) State Practice and (b) Opinio Juris
Note: Violation or non-observance or laws shall not be excused by disuse, or custom or practice to the contrary. (Art. 7, NCC)
Example of custom application
A cochero Manila left his horse unattended while he helped his passengers unload his cargo. The horse became frightened by the passing vehicles and galloped away, which resulted in striking pedestrians and caused injuries to the latter.
Is the cochero negligent? No, the actions of the cochero was in accordance with the custom of the cocheros in the place.
What kind of customs which will not be countenanced? (Art. 11)
Those that are contrary to law, public order, or public policy.
It must be proven as a fact. (Art. 12) Same as a foreign law (pleaded and proved)
How should it be interpreted when the law speaks of time periods?
“Year” – 12 calendar months, no longer 365 days;
“Month” – 30 days except month is specified;
“Day” – 24 hours
“Night” – sunset to sunrise
What is the generality principle of penal laws?
It means that penal laws and laws related to public security and safety shall be obligatory upon (generally) all who live and sojourn in the Philippine territory, subject to principles of PIL and treaty stipulations. (Art. 14)
End
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