ALEEZAH GERTRUDE REGADO
CIV CODE NOTES
Strength does not come from physical
capacity. It comes from an indomitable
will. -Mahatma Gandhi
CHAPTER 1:
EFFECT AND APPLICATION OF
LAWS
Art 1
This Act shall be known as the Civil
Code of the Philippines
History: RA 386
First Civil Code in force in the
Philippines was the Civil Code of
Spain of 1889 extended to country
by Royal Decree
Main Draft
-Passed by Roxas Code
Commission created via E.O 48
(March 20 1947)
- President Manuel
-Dr.Jorge Bocobo chairman of
commission
-May 8,1947 – December
15,1947
- January 26,1949 Congress
passed R.A 386 “An Act to
Ordain and Institute the Civil
Code of the Philippines
-Enacted and signed on June
18,1949
SOURCES OF CIVIL CODE
1. Spanish Civil Code of 1889
2. Codes, Laws & Judicial Decisions
(as well as that work of jurists
from other countries)
3. Doctrines laid down by SC ofPh
4. Filipino Custtoms
5. Philippine Statutes
6. Code of Commission
1
CIVIL CODE HAS
 2270 ARTICLES
 4 BOOKS
i. PERSONS
ii. PROPERTY OWNERSHIP
AND ITS
MODIFICATIONS
iii. DIFFERENT MODES OF
AQUIRING OWNERSHIP
iv. OBLIGATIONS AND
CONTRACTS
EFFECTIVITY
 August 30, 1950
 Exactly 1 year after official gaztte
is publiished for circulation
Art 2
Laws shall take effect after 15 days
following the completion of their
publication in the Official Gazette, unless
it is otherwise provided. This Code shall
take effect 1 year after its publication
EXECUTIVE ORDER NUMBER 200
 Expressly Amended Art 2 of Civ
Code
(Tanada v. Tuvera)
 Requirement that laws to be
effective only publication thereof
in Official Gazette shall suffice
has entailed some problems
 Undoubtedly newspapers of
general circulation could better
perform the function of
communicating the laws to the
people as such periodicals are
more easily available, have wide
circulation and come out
regularly.
 Publication & 15 day period
requirements are intended to
enable people to become familiar
with the statute
ALEEZAH GERTRUDE REGADO
CIV CODE NOTES
 Publication must be in full or it is have been
clarified,
not publication at all since its consistently
purpose is to inform public of its reiterated
contents. and
published in
 After accomplishment of this advance
requirement, the people are reports and
deemed to have conclusively SCRA

been notified of the law even if

actually the people or some of
the same have not read them.
Art 2
Laws shall take effect after 15 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
COMPUTATION OF 15 DAY PERIOD
 May either be on the 15th or 16th
depending on language of
congress in fixing the effectivity
date of statute
15 Days
- “effective 15 days after its
publication”

EFFECTIVITY OF LAWS 16 Days

GENERAL RULE - “effective after 15 days following

its publication”
 Laws may provide for its own
effectivity UNLESS IT IS OTHERWISE
EX: RA 386 :take effect after 1 PROVIDED
year
 Refers to the 15 day period
 If law is silent as to its own
 NOT the requirement of
effectivity, it shall take effect only
publication
after 15 days following its
 PUBLICATION IS AN
complete publication
INDESPENSIBLE REQUISITE,
What is covered What is not ABSENCE OF WHICH WILL
 Presidential  Interpretative NOT RENDER LAW EFFECTIVE
Decrees and Regulations  Such omission would offend due
Executive (merely process insofar as it would deny
Orders internal)
the public of laws that are
 Administrative  Letters of
rules and Instruction by supposed to govern it. It is not
regulations administrativ unlikely that persons not aware of
 Charter of a City e superiors it would be prejudiced as a result;
regardless if concerning and they would be so not
applies only to a rules or because of failure to comply with
portion of guidelines it but simply because they did not
territory  Supreme
know its existence.
 Circulars of Court
Monetary Board Decisions WHERE TO PUBLSH
published  Lawyers in
meant not active
practice  Official Gazette or
merely to
must keep  A newspaper of general
interpret abreast of circulation in the Philippines
decisions,
particularly  Newspaper of general circulation
where issues is one which is published for

2
ALEEZAH GERTRUDE REGADO
CIV CODE NOTES
dissemination of local news and
general information, published in
regular intervals
CAN A LAW BE EFFECTIVE
IMMEDIATELY UPON APPROVAL?
 Not possible
 Should not be regarded as
purporting literally to come into
effect immediately upon its
approval or enactment without
need of publication.
LAW PROVIDES FOR A DIFFERENT
PERIOD SHORTER OR LONGER
THAN 15 DAY PERIOD
 OK
 Legislative may in its discretion
provide that usual 15 day be
shortened or extended
COVERAGE OF “LAWS” IN E.O 2OO
 Refers to all statutes, including
those of local and private laws
unless there are special laws
providing a different effectivity
mechanism for statutes.
Art 3
Ignorance of the law excuses no one
from compliance therewith
RATIONALE
 To allow party to set valid
defense the fact that he has no
actual knowledge of a law which
he violated is to ferment disorder
in society
 Necessary consequence of
mandatory publication of laws
 w/o notice there is no basis for
application of “ignoratio legis
nun excusant”
 Height of injustice to punish
citizen for transgression of law
which he had n notice even a
constructive one
3
PRESUMPTION OF KNOWLEDGE
 Everyone is conclusively
presumed to know the law
 Rule is dictated not only by
expediency but also on necessity
ILLUSTRATION
Law passed by congress  Approved
by Pres  Properly published 
Effective pursuant to effectivty clause
“Public is always put on constructive
notice of law’s existence and effectivity”
Even if person has no actual knowledge
of such law
 Real life example:
Bigamy did not obtain a juridical
declaration of necessity of 1st
marriage before entering another.
Chocnut’s defense is that he
didn’t know about the existence
of Art 40 of Family Code.
SC: CANNOT BE. A marriage is
a matter of law and every person
is presumed to now the law
APPLIES TO
 All types of domestic laws
whether civil or penal,
substantive or remedial
 Mandatory and Prohibitory laws
 NOT applicable to foreign laws
since no conclusive presumption
of knowledge about it.”Doctrine of
Precessual Presumption”
Ignorance of the Ignorance of the
Law Fact
DOES NOT Excuses a party
from the legal
consequences of
his conduct
A after war could not find his wife, believing her
to be dead, marriage for the second time. NO
LIABILITY FOR BIGAMY. Well founded belief
although subsequently proved to be erroneous
ALEEZAH GERTRUDE REGADO
CIV CODE NOTES
DIFFICULT QUESTIONS OF LAW
 Given effect like that of ignorance
of the fact .
 Mistake upon the doubtful or
difficult question of law may be
basis of good faith
Art 4
Laws shall have no retroactive effect
unless contrary is provided.
NON-RETROACTIVITY OF LAWS
 Unless legislature may have
given that effect to some legal
provisions
 that statutes are to be construed
as having only prospective
operation unless the purpose and
intention of legislature is to give
them a retrospective effect is
expressly declared or is
necessarily implied from
language used.
 In case of doubt, same must be
resolved against retrospective
effect
 Legislature has power to pass healing
acts which do not impair obligations of
contracts nor interfere with vested
rights.
 They are remedial by curing defects and
adding means of exercising existing
obligations.
 Rule in curative statutes is that if thing
omitted or failed to be done, and which
constitutes the defect sought to be
removed or make harless is something
which legislature might have dispensed
with by provisions of stattutes, it may do
so by subsequent ones.
3. Law is procedural
 Deals with procedure only, it applies
to all actions those which have
accrued or pending and future
actions
4. Law is penal in character and
favorable to the accused
 Art 22 of RPC specifically provides
that penal laws shall have retroactive
effect insofar as they favor the person
guilty of felony who is not a habitual
criminal although at time of
publication, a final sentence has been
pronounced and convict is serving the
same.

RATIONALE

 To make law binding even before

it has taken effect may lead to
arbitrary exercise of legislative
power.

GENERAL RULE

 Laws are to be construed as

having only prospective operation
“”Lex Prospecit non respicit”

EXCEPTIONS TO GENERAL RULE

1. Law itself provides for

retroactivity
 As long as it does not prejudice or
impair vested or acquired rights in
accordance to civ code and other
laws
2. Law is curative or remedial

4
ALEEZAH GERTRUDE REGADO
CIV CODE NOTES