Note: SC Rules required:

1. 02-6-02, Adoption
2. 02-11-10, Nullity
3, 02-11-11, Legal Separation
4. 02-11-12, Provisional Orders
5. 03-04-04, Custody of Minors
6. 04-10-11, VAWC

I. INTRODUCTION

1 Tolentino, Civil Code, pp. 1-10 [1990 Edition]

II. EFFECT AND APPLICATION OF LAWS

Arts. 1 to 13, pp. 1-52 of Tolentino

NCC 1 - 18

A. When law takes effect

NCC 2
Revised Administrative Code (RAC) Secs. 18-24

Chapter 5
OPERATION AND EFFECT OF LAWS

Sec. 18. When Laws Take Effect. - Laws shall take effect after fifteen (15) days following
the completion of their publication in the Official Gazette or in a newspaper of general
circulation, unless it is otherwise provided.
Sec. 19. Prospectivity. - Laws shall have prospective effect unless the contrary is
expressly provided.
Sec. 20. Interpretation of Laws and Administrative Issuances. - In the interpretation of a
law or administrative issuance promulgated in all the official languages, the English text
shall control, unless otherwise specifically provided. In case of ambiguity, omission or
mistake, the other texts may be consulted.
Sec. 21. No Implied Revival of Repealed Law.- When a law which expressly repeals a prior
law itself repealed, the law first repealed shall not be thereby revived unless expressly so
provided.
Sec. 22. Revival of Law Impliedly Repealed. - When a law which impliedly repeals a prior
law is itself repealed, the prior law shall thereby be revived, unless the repealing law
provides otherwise.
Sec. 23. Ignorance of the Law. - Ignorance of the law excuses no one from compliance
therewith.

Chapter 6
OFFICIAL GAZETTE

Sec. 24. Contents. - There shall be published in the Official Gazette all legislative acts
and resolutions of a public nature; all executive and administrative issuances of general
application; decisions or abstracts of decisions of the Supreme Court and the Court of
Appeals, or other courts of similar rank, as may be deemed by said courts of sufficient
importance to be so published; such documents or classes of documents as may be
required so to be published by law; and such documents or classes of documents as the
President shall determine from time to time to have general application or which he may
authorize so to be published.
The publication of any law, resolution or other official documents in the Official
Gazette shall be prima facie evidence of its authority.

Exec. Order 200, Sec. 2

EXECUTIVE ORDER NO. 200 June 18, 1987

PROVIDING FOR THE PUBLICATION OF LAWS EITHER IN THE OFFICIAL GAZETTE OR IN A

NEWSPAPER OF GENERAL CIRCULATION IN THE PHILIPPINES AS A REQUIREMENT FOR
THEIR EFFECTIVITY

WHEREAS, Article 2 of the Civil Code partly provides that "laws shall take effect after
fifteen days following the completion of their publication in the Official Gazette, unless it
is otherwise provided . . .;"

WHEREAS, the requirement that for laws to be effective only a publication thereof in the
Official Gazette will suffice has entailed some problems, a point recognized by the
Supreme Court in Taada. et al. vs. Tuvera, et al. (G.R. No. 63915, December 29, 1986)
when it observed that "[t]here is much to be said of the view that the publication need
not be made in the Official Gazette, considering its erratic release and limited
readership";

WHEREAS, it was likewise observed that "[u]ndoubtedly, newspapers of general

circulation could better perform the function of communicating the laws to the people as
such periodicals are more easily available, have a wider readership, and come out
regularly"; and

WHEREAS, in view of the foregoing premises Article 2 of the Civil Code should
accordingly be amended so the laws to be effective must be published either in the
Official Gazette or in a newspaper of general circulation in the country;

NOW, THEREFORE, I, CORAZON C. AQUINO, President of the Philippines, by virtue of the

powers vested in me by the Constitution, do hereby order:

Sec. 1. 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.

Sec. 2. Article 2 of Republic Act No. 386, otherwise known as the "Civil Code of the
Philippines," and all other laws inconsistent with this Executive Order are hereby
repealed or modified accordingly.

Sec. 3. This Executive Order shall take effect immediately after its publication in the
Official Gazette.

Done in the City of Manila, this 18th day of June, in the year of Our Lord, nineteen
hundred and eighty-seven.
 Taada v. Tuvera 136 SCRA 27

All statutes, including those of local application and private laws, shall be published as a
condition for their effectivity, which shall begin fifteen days after publication unless a
different effectivity date is fixed by the legislature.

The clause "unless it is otherwise provided" refers to the date of effectivity and not to the
requirement of publication itself, w/c cannot in any event be omitted. This clause does
not mean that the legislature may make the law effective immediately upon approval, or
on any other date, w/o its previous publication. Publication is indispensable in every
case, but the legislature may in its discretion provide that the usual 15-day period shall
be shortened or extended.

Acaac v. Azcuna, Jr. G.R.187378, Sep 30, 2013

F: PETAL, an NGO in Misamis Oriental

B. Ignorance of the law

NCC 3
KASILAG VS. RODRIGUEZ, 69 PHIL 217

C. Retroactivity of laws

NCC 4, cf. NCC 2252 - 2269

Revised Penal Code (RPC) 22
Family Code (FC) 256

Simon v Chan, G.R. No. 157547, February 23, 2011

Francisco vs. CA , G.R. No. 102330. November 25, 1998
CF: Pesca vs. Pesca, G.R. No. 136921. April 17, 2001

D. Mandatory or Prohibitory Laws

NCC Art. 5 with NCC Art. 17 (3)

Nerwin v PNOC, G.R. No. 167057, April 11, 2012

E. Waiver of rights

NCC Art. 6
NCC Art. 2035

DM Consunji vs. CA, G.R. No. 137873, April 20, 2001

Villareal v People, G.R.No.151258, February1, 2012

F. Repeal of laws
 NCC 7
cf. 1987 Constitution, Art. XVIII Sec. 3
FC 254, 255

Thornton vs. Thornton, Aug. 16, 2004

G. Judicial Decisions

NCC 8

Pesca vs. Pesca, G.R. No. 136921. April 17, 2001

De Castro v JBC, G. R. No. 191002, April 20, 2010
Republic v. Renman Enterprises GR 191002, Feb 19, 2014
Ty v Banco Filipino, G.R. No. 188302, June 27, 2012

F: Banco Filipino wanted to purchase real properties as new branch sites for its expansion
program. Ty, a major stockholder and a director of Banco Filipino, organized to
incorporate Tala Realty Corp to hold and purchase real properties in trust for the
respondent.

Virtucio v Alegarbes, G.R. No. 187451, August 29, 2012