PRELIMINARY TITLE

Chapter 1
EFFECT AND APPLICATION OF LAWS
Art. 2. Laws shall take effect _ft_r f_ft_en days following the c_mpl_t_on of their
p_bl_c_t_on either in the _ff_c_al G_z_tt_, or in a n_wsp_p_r of g_n_r_l c_rc_l_t_on
in the Philippines, unless it is otherwise provided.

Art. 3. Ign_r_nc_ of the l_w exc_s_s no one from c_mpli_nc_ therewith.

a. M_st_ke on do_btf_l or d_ff_c_lt int_rpr_t_t_on of law may be the b_s_s for
cl_im_ng g_od f_ith (Art. 526, NCC)
b. M_st_ke or ign_r_nce of f_ct may be the basis for claiming abs_nc_ of int_nt;
Art. 4. Laws shall have no r_tr_act_v_ eff_ct, unless the contrary is provided.
Exceptions:
a. L_w pr_v_d_s for r_tro_ct_v_ty
Except:
1. _x p_st f_ct_ l_w
2. Imp_ir the _blig_ti_n and c_ntr_cts
b. F_v_r_ble to the acc_s_d
c. Proc_d_r_l/R_m_di_l L_ws
d. C_r_t_v_ st_t_t_s
e. L_ws cr_at_ng n_w r_ghts
f. Em_rg_ncy l_ws
g. T_x l_ws
Art. 5. Acts ex_c_t_d against the pr_v_s_ons of m_nd_t_ry or pr_h_b_t_ry laws shall
be v_id, except when the law authorizes their v_l_d_ty.
Exceptions:
a. The law itself a_th_r_z_s the v_l_d_ty of the act
b. The law makes the act only v_id_ble and n_t v_id
c. The law makes the act v_lid but p_n_sh_s the vi_l_t_r

No disciple is superior to the teacher but when fully trained, every disciple will be like his
teacher.
– Luke 6:40
Cases when NCC Applies foreign laws.
a. Art. 15 on family rights, duties of a foreigner
b. Art. 16 with respect to order of succession, successional rights intrinsic validity
of a will of a foreigner
c. Art. 1039 capacity to succeed is governed by the law of the nation of the
decedent
d. Art. 1753 law of the country to which the goods are to be transported

Art. 16
1. Family rights a. Filipino Philippine a. Foreign The laws of
and duties, Citizens Laws National - the country
or the apply – Lex of the
status, even if Nationalii foreign
condition the national
and legal citizen is apply.
capacity of abroad
persons.
b. Crime, public a. Filipino Philippine a. Who Philippine
security and Citizen Laws (but live or Laws (but
safety – within subject to sojourn in subject to
the Philippine the the the
Territory principles of Philippines principles of
international international
law and law and
treaties) treaties)
b. Properties both a. Filipino Lex Rei Sitae: b. Foreign Lex Rei Sitae:
Real and Citizen Philippine National Philippine
Personal laws for laws for
properties in properties in
the the
Philippines Philippines

No disciple is superior to the teacher but when fully trained, every disciple will be like his
teacher.
– Luke 6:40
 c. Intestate Filipino Philippine Foreign Laws of the
and Citizen Laws National Country of
Testamentary the Foreign
Succession (with National.
respect to the
order of Note: The
succession and law of the
to the amount Foreign
of successional National
rights and to the applies even
intrinsic validity if he/she is a
of testamentary former
provisions Filipino.
a. Formalities- Filipino Lex Loci Foreign Lex Loci
forms and Citizen Celebracionis National Celebracionis
solemnities of – Law of the – Law of the
contracts, wills, country country
and other public where where
instruments executed executed

Renvoi Doctrine.

No disciple is superior to the teacher but when fully trained, every disciple will be like his
teacher.
– Luke 6:40