This document discusses the effectivity of Executive Order No. 279 regarding the "Carabao case". It finds that:
1) EO 279 provided that it would take effect immediately upon publication, while EO 200 generally requires a 15 day period. However, where a law provides its own effectivity date it prevails over EO 200.
2) EO 279 was published in the Official Gazette on August 3, 1987 so it became effective immediately on that date, despite concerns about it being issued after the first Congress convened.
3) For due process, laws must be published to notify the public before penalties can be enforced. EO 279 met this requirement through its publication, so it
This document discusses the effectivity of Executive Order No. 279 regarding the "Carabao case". It finds that:
1) EO 279 provided that it would take effect immediately upon publication, while EO 200 generally requires a 15 day period. However, where a law provides its own effectivity date it prevails over EO 200.
2) EO 279 was published in the Official Gazette on August 3, 1987 so it became effective immediately on that date, despite concerns about it being issued after the first Congress convened.
3) For due process, laws must be published to notify the public before penalties can be enforced. EO 279 met this requirement through its publication, so it
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This document discusses the effectivity of Executive Order No. 279 regarding the "Carabao case". It finds that:
1) EO 279 provided that it would take effect immediately upon publication, while EO 200 generally requires a 15 day period. However, where a law provides its own effectivity date it prevails over EO 200.
2) EO 279 was published in the Official Gazette on August 3, 1987 so it became effective immediately on that date, despite concerns about it being issued after the first Congress convened.
3) For due process, laws must be published to notify the public before penalties can be enforced. EO 279 met this requirement through its publication, so it
Copyright:
Attribution Non-Commercial (BY-NC)
Available Formats
Download as DOCX, PDF, TXT or read online from Scribd
Issue: The effectivity Of Executive Order No. 279 *Carabao case
Ruling: Ruling:
We hold that the said executive order should not be enforced
Sec. 8 of EO 279 provides that it shall take effect against the Pesigans on because, as already immediately after publication. Ptrs maintain that the 15 day noted, it
published more than two period under EO 200 is required. months later in the Official Gazette dated
It became effective only fifteen days thereafter as provided in There is nothing in E.O. No. 200 that prevents a law from article 2 of the Civil Code and section 11 of the Revised taking effect on a date other than even before the 15-day Administrative Code.chanroblesvirtualawlibrary chanrobles period after its publication. Where a law provides for its own virtual law library date of effectivity, such date prevails over that prescribed by E.O. No. 200. Indeed, this is the very essence of the phrase The word "laws" in article 2 (article 1 of the old Civil Code) "unless it is otherwise provided" in Section 1 thereof. Section includes circulars and regulations which prescribe penalties. 1, E.O. No. 200, therefore, applies only when a statute does Publication is necessary to apprise the public of the contents not provide for its own date of effectivity. of the regulations and make the said penalties binding on the persons affected thereby. (People vs. Que Po Lay, 94 Phil. What is mandatory under E.O. No. 200, and what due process 640; Lim Hoa Ting vs. Central Bank of the Phils., 104 Phil. requires, as this Court held in Tañada v. Tuvera,217 is the 573; Balbuna vs. Secretary of Education, 110 Phil. publication of the law for without such notice and 150.) chanrobles virtual law library publication, there would be no basis for the application of the maxim "ignorantia legis n[eminem] excusat." It would be The Spanish Supreme Court ruled that "bajo la denominacion the height of injustice to punish or otherwise burden a citizen generica de leyes, se comprenden tambien los reglamentos, for the transgression of a law of which he had no notice Reales decretos, Instrucciones, Circulares y Reales ordenes whatsoever, not even a constructive one. dictadas de conformidad con las mismas por el Gobierno en uso de su potestad (1 Manresa, Codigo Civil, 7th Ed., p. While the effectivity clause of E.O. No. 279 does not require 146.) chanrobles virtual law library its publication, it is not a ground for its invalidation since the Constitution, being "the fundamental, paramount and Thus, in the case, a person, convicted by the trial supreme law of the nation," is deemed written in the court of having violated Central Bank Circular No. 20 and law.218 Hence, the due process clause,219 which, so Tañada sentenced to six months' imprisonment and to pay a fine of held, mandates the publication of statutes, is read into P1,000, was by this Court because the circular was Section 8 of E.O. No. 279. Additionally, Section 1 of E.O. No. published in the Official Gazette
200 which provides for publication "either in the Official
He was not bound by the Gazette or in a newspaper of general circulation in the circular.chanroblesvirtualawlibrarychanrobles virtual law Philippines," finds suppletory application. It is significant to library note that E.O. No. 279 was actually published in the Official Gazette220 on August 3, 1987. That ruling applies to a violation of Executive Order No. 626- A because its
E.O. No. 279 became effective immediately upon its
Justice and fairness publication in the Official Gazette on August 3, 1987. dictate that the public must be informed of that provision by means of publication in the Gazette before violators of the That such effectivity took place after the convening of the executive order can be bound thereby.chanroble first Congress is irrelevant. At the time President Aquino issued E.O. No. 279 on July 25, 1987, she was still validly exercising legislative powers under the Provisional Constitution.221 Article XVIII (Transitory Provisions) of the 1987 Constitution explicitly states:
Sec. 6. The incumbent President shall continue to exercise
legislative powers until the first Congress is convened.
The convening of the first Congress merely precluded the
exercise of legislative powers by President Aquino; it did not prevent the effectivity of laws she had previously enacted.
There can be no question, therefore, that E.O. No. 279 is an