Article 2 – LAWS SHALL TAKE EFFECT AFTER 15 DAYS FOLLOWING THE COMPLETION OF THEIR

PUBLICATION IN THE OFFICIAL GAZETTE, UNLESS IT IS OTHERWISE PROVIDED

Scope: covers ordinary laws, the Civil Code
 when a law specifically provides for its own effectivity, the 15 day rule does not apply
 Publication is indispensible
 Publication must include the whole law, from the title to the signatories
 It can be published either in the Official Gazette or a newspaper of general circulation
 All laws must be published except for those that are not punitive in nature
 The 15th day is actually the 16th day (i.e. Sep. 12 published, Sep. 28 it takes effect)
 The law does not require cases to be published
 Unpublished laws cannot bind the citizenry

Article 3 – IGNORANCE OF THE LAW EXCUSES NO ONE FROM COMPLIANCE THEREWITH

 Applies to all duly published laws under Art. 2
 Ignorance of fact is different from ignorance of the law (i.e. foreign laws, in which case it rests
on the prosecution to prove the fact and the foreign law)
 Applies only to mandatory or prohibitive laws, not to permissive or suppletory laws

Article 4 – LAWS SHALL HAVE NO RETROACTIVE EFFECT, UNLESS THE CONTRARY IS PROVIDED
 Laws are generally restrospective in nature.
 Ex post facto laws cannot be passed (laws that makes criminal and punishable an act done
before the law has been passed)
Exceptions:
 The laws themselves provide for retroactivity
 Remedial laws (there are no vested rights in rules of procedure)
 Emergency laws (of an emergency nature AND authorized by the police power of a government)
 Curative laws (as it cures errors and irregularities AS LONG AS it does not impair vested rights
nor affect final judgments)
 Penal laws (provided that it is favorable to the accused or to the convict AND provided the
accused or convict is not a habitual delinquent
NOTE: A law cannot be given retroactive effect the moment it impairs vested rights

Article 5 – ACTS EXECUTED AGAINST THE PROVISIONS OF MANDATORY OR PROHIBITORY LAWS SHALL
BE VOID, EXCEPT WHEN THE LAW ITSELF AUTHORIZED THEIR VALIDITY
 Refers only to mandatory or prohibitory laws
(mandatory or prohibitory laws must be obeyed, otherwise his acts would GENERALLY be void.
Violation of directory laws does not result in invalid acts)
 GENERAL RULE: violations of mandatory or prohibitory laws result in VOID ACTS OR CONTRACTS
Execptions:
 Not void but merely voidable at the instance of the victim
 Valid, but subjects the wrongdoer to criminal responsibility
 Void, but recognizes some legal effects flowing therefrom
 When the law itself makes certain acts valid (although generally they would be void)

Article 6 – RIGHTS MAY BE WAIVED, UNLESS THE WAIVER IS CONTRARY TO LAW, PUBLIC ORDER,
PUBLIC POLICY, MORALS, OR GOOD CUSTOMS, OR PREJUDICIAL TO A THIRD PERSON WITH A RIGHT
RECOGNIZED BY LAW.
 GENERAL RULE: Rights may be waived
Exceptions:
 When the law is contrary to LAW, PUBLIC ORDER, PUBLIC POLICY, MORALS, OR GOOD
CUSTOMS,
 When the waiver is prejudicial to a third person with rights recognized by the law
Kinds of rights:
 Real rights – enforceable against the whole world
 Personal rights – enforceable against a particular individual
Requisites for a valid waiver:
 Must be CAPACITATED to make the waiver
 Waiver must be made clearly
  There must be a right to be renounced
 Must not be contrary to law, public order, public policy, morals or good customs
 Must not prejudice others with rights recognized by the law
Examples of rights that cannot be renounced:
 Natural rights (i.e. right to life)
 Rights which do not exist (i.e. future inheritance)

Article 7– LAWS ARE REPEALED ONLY BY SUBSEQUENT ONES, AND THEIR VIOLATION OR NON
OBSERVNACE SHALL NOT BE EXCUSED BY DISUSE, OR CUSTOM IR PRACTICE TO THE CONTRARY.
WHEN THE COURTS DECLARE A LAW TO BE INCONSISTENT WITH THE CONSTITUTION, THE FORMER
SHALL BE VOID AND THE LATTER SHALL GOVERN.
ADMINISTRATIVE OR EXECUTIVE ACTS, ORDERS AND REGULATIONS SHALL BE VALID ONLY WHEN
THEY ARE NOT CONTRARY TO THE LAWS OR THE CONSTITUTION.
Laws are repealed:
 Expressly – it immediately repeals the preceding laws
 Impliedly (if they are irreconcilable, the first law is considered repealed, if both statutes can
stand together, there is no repeal)
In case of conflict between a general law and a special law:
 Special law is considered the exception to the General law if General law was published BEFORE
the special law. NO REPEAL (except insofar as the exception or special law is concerned)
 Special law remains if the General law was enacted after the special law, unless: there is a
declaration to the contrary, there is a clear, unrecognizable conflict, the general law intends to
replace the special law
Lapse of laws:
 When a law provides for its own expiration
 When a law lapses before the triql, it should not affect the case. It will only affect the case if the
law has been REPEALED COMPLETELY.

Article 8 – JUDICIAL DECISIONS APPLYING OR INTERPRETING THE LAWS OR THE CONSTITUTION SHALL
FORM A PART OF THE LEGAL SYSTEM OF THE PHILIPPINES

Article 9 – NO JUDGE OR COURT SHALL DECLINE TO RENDER JUDGMENT BY REASON OF SILENCE,

OBSCURITY, OR INSUFFICIENCY OF THE LAWS.
 A judge must give a decision, whether he knows what law to apply or not.
 In criminal cases: if there is no law applicable to the case, then the judge must acquit the
accused
 In civil law: the judge will decide based on the merits of the case and look beyond the civil code
i.e.: customs which are not contrary to law, public order, and public policy, decisions of foreign
and local courts on similar cases, opinions of highly qualified writers and professors, rules of
statutory construction, principles laid down in analogous instances.

Article 10 – IN CASE OF DOUBT IN THE INTERPRETATION OR APPLICATION OF LAWS, IT IS PRESUMED

THAT THE LAWMAKING BODY INTENDED RIGHT AND JUSTICE TO PREVAIL.

Article 11 – CUSTOMS WHICH ARE CONTRARY TO LAW, PUBLIC ORDER AND PUBLIC POLICY SHALL NOT
BE COUNTENANCED.
Requisites before the courts can consider customs:
 It must be proven as a fact
 Must not be contrary to law
 It must have been repeated a number of times
 The acts must be uniformly performed
 Juridical intention must be present
 Sufficient lapse of time must be present
General rule:
 Customs cannot be used as a basis for decisions UNLESS the law is insufficient, non-existent or
when the law itself provides the use of customs.

Article 12 – A CUSTOM MUST BE PROVED TO BE A FACT, ACCORDING TO THE RULES OF EVIDENCE

Article 13 – WHEN THE LAWS SPEAK OF YEARS, MONTHS, DAYS OR NIGHTS, IT SHALL BE UNDERSTOOD
THAT YEARS ARE OF THREE HUNDRED SIXTY FIVE DAYS, MONTHS OF THIRTY DAYS, DAYS OF 24
HOURS, AND NIGHTS FROM SUNSET TO SUNRISE.
IF MONTHS ARE DESIGNATED BY THEIR NAME, THEY SHALL BE COMPUTED BY THE NUMBER OF DAYS
WHICH THEY RESPECTIVELY HAVE.
IN COMPUTING A PERIOD, THE FIRST DAY SHALL BE EXCLUDED AND THE LAST DAY INCLUDED.