INTRODUCTION C.

According to force and effect:

LAW – is a rule of conduct promulgated by a legitimate authority for the common good and observance of all. 1. Mandatory or Prohibitive Laws - those which have to be complied with because they are expressive
of public policy.
CONCEPT OF LAW 2. Permissive or Suppletory Laws – those which may be deviated from if the individual so desires.
 DERECHO
 is the general or abstract concept of law which defines law as the science of moral rules founded on SOURCES OF LAW
rational nature of man, demandable and reciprocal, and governs the free activity of man for the 1.) Constitution- a document/law that establishes, defines, & limits power of the government
realization of the individual and social ends 2.) Statutes- including Acts of Congress, municipal charters, municipal legislation, court rules,
 LEY administrative rules and orders, legislative rules and presidential issuances
 is the specific or material concept of law which defines law as a rule of human conduct, just, 3.) Judicial decisions/Jurisprudence
obligatory, promulgated by legitimate authority, and of common observance and benefit 4.) International Law- doctrine of incorporation (Article II, sec. 2) & theory of transformation (Article VII,
sec. 21)
CLASSIFICATION OF LAW ACCORDING TO THE MANNER OF ITS PROMULGATION 5.) Customs
1.) NATURAL LAW 6.) Other sources like the Judicial decisions of foreign courts & Int’l Tribunals
-promulgated impliedly in our conscience and body; these are laws without people saying that they existed
 Natural Moral Law *E.O 209- THE FAMILY CODE OF THE PHILIPPINES (by. Pres. Corazon Aquino)
-applies to our higher faculties (example: do good and avoid evil)
-it states that there is a natural order to our world that should be followed; this natural order is PHILIPPINE LEGAL SYSTEM
determined by some supernatural power -The Philippine legal system is a mixture of customary usage, Roman (civil law) and Anglo-American
 Law of Nature (common law) systems, and Islamic law.
-applies to both our higher and lower faculties (example: the law of gravity)
-a regularly occurring or apparently inevitable phenomenon observable in human society CIVIL LAW
2.) POSITIVE LAW -mass of precepts which determines and regulates the relations of assistance, authority and obedience
- promulgated expressly or directly existing among members of family as well as among members of society for the protection of private interest,
 Divine Positive Law family relations and property rights
-like the 10 Commandments
 Divine-Human Positive Law CIVIL CODE
-like the Commandments of the Catholic Church -collection of laws which regulates the private relations of civil society, determining their respective rights
 Human Positive Law and obligations with reference to persons, things, and civil acts
-like Congressional Statutes or Executive Orders Sources of the Civil Code of the Philippines (REPUBLIC ACT NO. 386)
(a) The Civil Code of Spain
HUMAN POSITIVE LAW (b) The Philippine Constitution of 1935
-is a reasonable rule of action, expressly or directly promulgated by competent human authority for the (c) Statutes or Laws (Philippine, American, European)
common good, and usually, but not necessarily, imposing a sanction in case of disobedience (d) Rules of Court (local and foreign)
Essential Elements of Human Positive Law: (e) Decisions of local tribunals (particularly the Supreme Court)
a.) reasonable rule of action (f) Decisions of foreign tribunals
b.) due promulgation (g) Customs and traditions of our people
c.) promulgation by competent authority (h) General principles of law and equity
d.) a sanction imposed for disobedience (i) Ideas from the Code Commission itself

Classification of Human Positive Law: R.A. NO. 386

A. According to whether a right is given or merely the procedure for enforcement is laid down: -Article 1. This Act shall be known as the "Civil Code of the Philippines."
1. Substantive Law – that which establishes rights and duties.
2. Remedial or Procedural Law – that which prescribes the manner of enforcing legal rights and EFFECTIVITY OF THE CIVIL CODE OF THE PHILIPPINES
claims. -The Civil Code of the Philippines took effect on August 30, 1950. This date is exactly one year after the
B. According to the scope or content of the law: Official Gazette publishing the Code was released for circulation, the said release having been made on August
1. Private Law – that which regulates the relations of the members of a community with one another. 30, 1949. (Lara v. Del Rosario, 94 Phil 778)
(Civil and Commercial Laws)
2. Public Law – that which governs the relations of the individual with the State or ruler or community
as a whole. (Political, Criminal and Remedial Laws)
Art. 2. 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. This Code shall take effect one year after such publication.
Q: Why Art. 2 was amended thus including newspapers of general circulation?
A: it was likewise observed that 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 a wider
readership, and come out regularly
EFFECTIVITY OF LAWS
GR: After 15 days following the completion of its publication in the official gazette or newspaper of general
circulation.
Note: “after 15 days”– Law shall take effect on the 16th day from date of publication
XPN: When the law provides for its own affectivity, less than or greater than 15 days after publication (check
if there is after __ days or no after __ days; EVEN HOLIDAY, SAT., & SUNDAY IS INCLUDED IN THE COUNTING
OF DAYS)
Q: What is meant by the phrase “unless it is otherwise provided” in the provision on effectivity of
laws?
A: 15‐day period may be lengthened or shortened by Congress. The exception refers to the 15‐day period, not
the requirement of publication, publication being mandated by due process.
Q: When will the law take effect if it is made to take effect “immediately”?
A: It shall take effect immediately after publication. The 15 day period after publication is dispensed with but
publication is not.
Q: When will the law take effect if it states that it shall be “effective upon approval”?
A: The clause "unless it is otherwise provided" refers to the date of effectivity and not to the requirement of
publication itself, which cannot in any event be omitted. This clause does not mean that the legislator may
make the law effective immediately upon approval, or on any other date without its previous publication.
- It is the prerogative of Congress to shorten or lengthen the period of publication. HOWEVER, when the law is
penal in character, the 15-day period shall not be shortened.
- Omission would offend DUE PROCESS insofar as it would deny the public the knowledge of the laws that are
supposed to govern them. Section 6 of the Bill of Rights recognizes "the right of the people to information on
matters of public concern."
RULES ON PUBLICATION
Q: Are all laws required to be published?
A- GR: Yes. Publication is indispensable.
XPN: (WHEN NO PUBLICATION IS NEEDED)
1. Municipal Ordinances (governed by the Local Government Code not the Civil Code)
2. Rules and regulations that are internal in nature. –seek to regulate only the personnel under it
3. Letters of Instruction issued by administrative supervisors on internal rules and guidelines. -mere
guidelines of superiors within their subordinates
4. Interpretative regulations regulating only the personnel of administrative agency. –doesn’t add
substantial right of the people
XPN to the XPN: Administrative rules and regulations that require publication:
1. The purpose of which is to implement or enforce existing laws pursuant to a valid
delegation;
2. Penal in Nature;
3. It diminishes existing rights of certain individuals
Q: What is the effect of non‐publication of the law?
A: The law shall not be effective. It is a violation of due process.
Q: What must be published in order to comply with the publication requirement?
A: Laws of general application especially those penal or punitive in character whether in the form of statutes,
Presidential Decrees, Executive Orders, Administrative Rules and Regulations.
-The circulars issued by the MONETARY BOARD must be published if they are meant not merely to interpret
but to "FILL IN THE DETAILS" of the Central Bank Act.
-The charter of a city must be published notwithstanding that it applies to only a portion of the national
territory and directly affects only the inhabitants of that place. Local Ordinances passed by local legislative
bodies must also be published.
Section 511 OF RA 7160: Posting and Publication of Ordinances with Penal Sanctions:
(a) Ordinances with penal sanctions shall be posted at prominent places in the provincial capitol, city,
municipal or barangay hall, as the case may be, for a minimum period of three (3) consecutive weeks. Such
ordinances shall also be published in a newspaper of general circulation, where available, within the
territorial jurisdiction of the local government unit concerned, except in the case of barangay ordinances.
Unless otherwise provided therein, said ordinances shall take effect on the day following its publication, or at
the end of the period of posting, whichever occurs later.
Q: Where Publication be Made?
A: In the Official Gazette or in a newspaper of general circulation, it is NOT required that laws be published in
both.
Q: How publication must be made?
A: Publication must be in full or it is no publication at all since its purpose is to inform the public of the
contents of the law.
*if it says to be published in OG and NOGC; after the said law is published In OG and NOGC, then it becomes
effective
*if it says to be published in OG or NOGC; after the said law is published either in the 2, then it becomes effective
REQUISITES OF A NEWSPAPER OF GENERAL CIRCULATION
1. Published for disseminating local news and general information.
2. It has a bona fide subscription list of paying subscribers
3. Not merely caters to a specific class of persons.
4. It is published at regular intervals.
TWIN REQUIREMENT OF PUBLISHING RULES ADOPTED BY AGENCY: FILING IN UP LAW CENTER
Book VII, Chapter 2 of the Revised Administrative Code:
SECTION 3. Filing.—(1) Every agency shall file with the University of the Philippines Law Center three (3)
certified copies of every rule adopted by it. Rules in force on the date of effectivity of this Code which are not
filed within three (3) months from that date shall not thereafter be the basis of any sanction against any party
or persons.
(2) The records officer of the agency, or his equivalent functionary, shall carry out the requirements of this
section under pain of disciplinary action.
(3) A permanent register of all rules shall be kept by the issuing agency and shall be open to public inspection.
SECTION 4. Effectivity.—In addition to other rule-making requirements provided by law not inconsistent
with this Book, each rule shall become effective fifteen (15) days from the date of filing as above provided
unless a different date is fixed by law, or specified in the rule in cases of imminent danger to public health,
safety and welfare, the existence of which must be expressed in a statement accompanying the rule. The
agency shall take appropriate measures to make emergency rules known to persons who may be affected by (b) When the time refers to a period prescribed or allowed by the Rules of Court, by an order of the
them. court, or by any other applicable statute, if the last day is a Sunday or a legal holiday, it is
understood that the last day should really be the next day, provided said day is neither a
COMPUTATION OF TIME Sunday nor a legal holiday.
Art. 13. When the laws speak of years, months, days or nights, it shall be understood that years are of
three hundred sixty-five days each; months, of thirty days; days, of twenty-four hours; and nights from Q: What is the rule if the last day falls on a Sunday or a legal holiday?
sunset to sunrise. A: It depends. If the act to be performed within the period is:
1. Prescribed or allowed by: ROO
If months are designated by their name, they shall be computed by the number of days which they a. the Rules of Court
respectively have. b. an Order of the court; or
c. any Other applicable statute
In computing a period, the first day shall be excluded, and the last day included. The last day will automatically be the next working day.
Nighttime – from sunset to sunrise 2. Arises from a contractual relationship – the act will still become due despite the fact that the last
1 day – 24 hours day falls on a Sunday or a legal holiday.
1 month –The general rule is that when months are not designated by name, a month is understood to be
only 30 days Art. 3. Ignorance of the law excuses no one from compliance therewith.
1 week- 7 consecutive days A familiar legal maxim is found in the Latin Ignorantia legis non excusat meaning Ignorance of the law
1 year – be computed based on 12 calendar months (Art. 13, NCC as Repealed by Sec. 31 of Administrative excuses no one.
Code; CIR v Primetown, Aug 28, 2007)
The rule refers only to mistakes of the existence of a law (mistake of fact) rather than to mistakes with
Computation of periods: the first day shall be excluded, and last day included, unless the latter is a Sunday regard to the application and interpretation of law (mistake of law).
or a legal holiday, in which event, the time shall run until the end of the next day which is neither a Sunday or
a legal holiday. MISTAKE OF LAW MISTAKE OF LAW
Good faith is an excuse Not excusable, even if in good faith
NOTE: When the act and the period are CONTRACTUAL, the act must be done on the last day, even if the latter
is a Sunday or a legal holiday. While ignorance of the law is not an excuse for not complying with it, ignorance of fact eliminates
criminal intent as long as there is no negligence.
Q: Meaning of ‘Day’ Applied to the Filing of Pleadings:
A: If the last day for submitting a pleading is today, and at 11:40 p.m. (after office hours) today it is filed, the Application: All domestic laws, mandatory or prohibitive, and whether substantive or remedial on
Supreme Court has held that it is properly fi led on time because a day consists of 24 hours. (See De Chavez v. grounds of expediency, policy, and necessity, to prevent evasion of the law.
Ocampo and Buenafe, 66 Phil. 76). This presupposes that the pleading was duly received by a person
authorized to do so. Exceptions:
1. Permissive or Suppletory laws
Q: When is mailed petition considered fi led, from the date of mailing or from the time of actual 2. Foreign Laws
receipt by the Court? Ignorance of foreign law is not ignorance of the law but ignorance of fact because foreign laws must
A: The Supreme Court, in the case of Caltex (Phil., Inc. v. Katipunan Labor Union, L-7496, Jan. 31, 1956), held be alleged and proved as matters of fact, there being, as a rule, no judicial notice of said foreign laws.
that the petition is considered fi led from the time of mailing. This is because the practice in our courts is to Alleged: by including or citing it in the argument
consider the mail as an agent of the government, so that the date of mailing has always been considered as the Proved: How? By Section 24. Proof of official record (RULE 132 OF THE RULES OF
date of the fi ling of any petition, motion or paper. In Gonzalo P. Nava v. Commissioner of Internal Revenue, L- COURT)
19470, Jan. 30, 1965, the Court held that while there is a presumption that a letter duly directed and mailed For a copy of a foreign public document to be admissible, the following requisites
was received in the regular course of mail: are mandatory:
still there are two facts that must first be proved before the presumption can be availed of: a.) provide official publication of the said law
(a) the letter must have been properly addressed with postage prepaid, and b.) it must be attested by the officer having legal custody of the records or by his
(b) the letter must have been mailed.]. deputy
c.) it must be accompanied by a certificate by secretary of the embassy/legation,
Q: Rule if the Last Day is a Sunday or a Legal Holiday: If the last day is a Sunday or a legal holiday, is consul general, consul, vice consular or consular agent, or foreign service office,
the act due that day or the following day? and with the seal of his office
A: It depends. OTHER WAYS:
(a) In an ordinary contract, the general rule is that an act is due even if the last day be a Sunday or a a.) by presenting an expert witness of the said law which is to be cross-examined
legal holiday. b.) the person must testify personally in court and talk about the specific law to
be proved
 IF ALLEGED BUT NOT PROVEN/ IF NOT ALLEGED AND PROVEN:
Apply Processual presumption: if the foreign law is not
properly alleged and proved, the presumption is that it is the
same as our law
Art. 4. Laws shall have no retroactive effect, unless the contrary is provided.
LEX PROSPICIT, NON RESPICIT
Reason Why Laws in General Are Prospective:
If the rule was that laws were retroactive, grave injustice would occur, for these laws would punish
individuals for violations of laws not yet enacted. While ignorance of the law does not serve as an excuse, such
ignorance refers only to laws that have already been enacted.
General Rule: All statutes are to be construed as having only prospective operation
Exceptions:
1. If the statute itself provide for retroactivity
Exception to the exception:
a. Ex post facto laws.
b. Laws which impair the obligations and contracts.
c. impairs a vested right
2. Remedial laws, as there is no vested right in procedural laws.
3. If the statute is penal in nature; provided it is favorable to the accused; provided further that the accused is
not a habitual delinquent
4. Laws that are emergency and authorized by the police power of the state
5. Curative laws
6. If a substantive right be declared for the first time, unless vested rights
Vested Right: A right or interest in property that has become fixed and established that it is no longer open
to controversy.
Art. 5. Acts executed against the provisions of mandatory or prohibitory laws shall be void, except
when the law itself authorizes their validity.
GENERAL RULE: Acts executed against the provisions of mandatory or prohibitory laws shall be VOID.
XPN:
1. If the law makes the act valid but punishes the violator,
e.g. Marriage solemnized by a person not authorized to do so;
2. Law itself authorizes the validity of the act;
3. If the law makes the act voidable i.e. valid until annulled;
4. When law declares the nullity of an act but recognizes its effects as legally existing, e.g. Child born
after the annulment of marriage is considered legitimate.
MANDATORY PROVISIONS OF LAWS: If one fails to commit certain acts that are mandatory in the law, it
renders the proceeding or acts to which it relates as illegal or void.
PROHIBITORY LAWS: Those that one is not supposed to do. Couched in negative terms.
DIRECTORY LAWS: A provision in a statute, rule of procedure, or the like, that is a mere direction or
instruction of no obligatory force and involves no invalidating consequence for its disregard, as opposed to an
imperative or mandatory provision, which must be followed.
Art. 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 can be waived.
Exception: CPAN
1. When the waiver is Contrary to law, public order, public policy, morals, or good customs.
2. If the waiver is Prejudicial to a 3rd person with a right recognized by law.
3. Alleged rights which do not yet exist.
4. Natural rights, such as the right to life
RIGHTS – the power or privilege given to one person and as a rule demandable of another. It may be:
a. Real Rights (jus in rem) – enforceable against the whole world. (Absolute rights)
b. Personal Rights (jus in personam) – enforceable against a particular individual. (Relative
Rights)
Kinds of rights:
 political (participation of persons in the government of the state)
 civil rights - Personal rights acquired by an individual by being a citizen or resident, or automatic
entitlements to certain freedoms conferred by law, includes:
1. Human (rights intended to protect the human personality)
2. Family (the person as a member of a family)
3. Patrimonial (tend to the economic satisfaction of men and measurable pecuniary)
Note: Inherent, constitutional or fundamental rights are, as a rule, not subject to contractual waivers.
Constitutional rights to be waived must comply with the constitutional requirements. Statutory rights are
subject to waivers.
WAIVER – the intentional or voluntary relinquishment of a known right, or such conduct as warrants an
inference of the relinquishment of such right.
Requisites of Valid Waiver CCA-FORNO
1. The person waiving must be Capacitated to make the waiver.
2. The waiver must be made Clearly, but not necessarily express.
3. The person waiving must Actually have the right which he is renouncing.
4. In certain instances, the waiver must comply with certain FORmalities. (ex: the right to counsel can be
waived by: 1.) written & 2.) in the presence of the counsel; parents may repudiate inheritance of their minor
children only by judicial authorization))
5. The waiver must NOt be contrary to law, public order, public policy, morals or good customs, or prejudicial
to others with a right recognized by law.
Illustration:
HELD: There was a void waiver in this case because there was nothing to be waived. By the time the right was
waived, no definite relationship between the children vis-à-vis deceased. Assuming the waiver is valid,
mother has no authority to waive such rights of children because she did not avail of judicial approval. (Guy
vs. CA, 502 SCRA 151)
Q: WHAT ELSE CANNOT BE WAIVED?
A: right to future support
: future inheritance
You cannot waive it if that is only your remaining property and you have a lot of creditor since there
is no means for you to pay them (prejudicial to the 3rd person)
Examples of what cannot be waived: Executive Fiat Cannot Correct a Mistake in the Law
1. Waiver against the right to purchase land. -A mistake in the law or in legislation cannot be corrected by executive fiat but by another legislation.
2. Waive an action against future fraud
3. Waive right to receive less than the compensation a worker is to receive under the law. Effect of Declaring a Law Unconstitutional
-Generally, an unconstitutional law confers no right, creates no office, affords no protection and justifies no
Art. 7. Laws are repealed only by subsequent ones, and their violation or non-observance shall not be acts performed under it, there are instances when the operation and effects of the declaration of its
excused by disuse, or custom or practice to the contrary. unconstitutionality may be relaxed or qualified because the actual existence of the law prior to such
declaration is an operative fact and may have consequences which cannot justly be ignored.
When the courts declared a law to be inconsistent with the Constitution, the former shall be void and
the latter shall govern. Constitution – the fundamental law of the land to which all other laws must conform.

Administrative or executive acts, orders and regulations shall be valid only when they are not Supremacy of the Constitution
contrary to the laws or the Constitution. -When the courts declare a law to be inconsistent with the Constitution, the former shall be void and the
HOW LAWS LOSE THEIR EFFECTIVITY latter shall govern. It is not supremacy of the Supreme Court but supremacy of the Constitution. This is
1. Lapse of a Law – laws which provides for their limited application, if the period for their effectivity lapse, it pursuant to judicial power of the court.
automatically became ineffective (ex. GAA)
2. Repeal - annulment of a law by a subsequent one.

Express Repeal and Implied Repeal

Express Repeal – when the subsequent law expressly provides that the prior law is repealed (there
is repealing clause).
Implied repeal – takes place when the provisions of the subsequent law are incompatible or
inconsistent with those of the prior law.
*Implied repeals are not favored because it must have been clearly and unmistakably
intended by the legislature
-the test is whether the subsequent law encompasses entirely the subject matter of
the former law and they cannot be logically or reasonably reconciled; if
incompatibility exists, the recent law governs/prevails

Q: In case of conflict between a general and a special law, which should prevail?
A: If the general law was enacted prior to the special law, the latter is considered the exception to the general
law. Therefore, the general law, in general remains good law, and there is no repeal, except insofar as the
exception or special law is concerned.
: If the general law was enacted after the special law, the special law remains unless
(1) There is an express declaration to the contrary.
(2) Or there is a clear, necessary and irreconcilable conflict.
(3) Or unless the subsequent general law covers the whole subject and is clearly intended to
replace the special law on the matter

Effect if the Repealing Law is Itself Repealed

1.) When a law which expressly repeals a prior law, is itself repealed, the law first repealed shall not be
revived, unless expressly so provided.
EXAMPLE: Law A is expressly repealed by Law B. If Law B is itself repealed by Law C, is Law
A revived? No, unless Law C expressly so provides.

2.) When a law which impliedly repeal a prior law, is itself repealed, the repeal of the repealing law
revives the prior law, unless the language of the repealing statute provides otherwise.
EXAMPLE: Law A is impliedly repealed by Law B. Law B is later repealed by Law C. Is Law A
revived? Yes, unless Law C provides otherwise.
Art. 8. Judicial decisions applying or interpreting the laws or the Constitution shall form a part of the Rules on Interpretation of Laws
legal system of the Philippines. 1. If the Law is Clear – apply the law as it is. Dura Lex Sed Lex - “The law may be hard, but it is still the
Q: Are Judicial Decisions Laws? law.”
A: Judicial decisions, though not laws, are evidence, however, of what the laws mean and this is why they are
part of the legal system of the Philippines. The interpretation placed upon the written law by competent court The judge must impose death penalty though contrary to his personal/religious belief. (Pp. v. Veneracion,
has the force and effect of law. 249 S 251)

Q: When do judicial decisions form part of the law of the land? 2. If the Law is not so Clear
A:
GR: As of the date of the enactment of said law. This is so because the Supreme Court’s interpretation Art. 10. In case of doubt in the interpretation or application of laws, it is presumed that the
merely establishes the contemporaneous legislative intent that the construed law purports to carry lawmaking body intended right and justice to prevail.
into effect. “Interpret not by the letter that kill but by the spirit that gives life”
XPN: When a doctrine is overruled and a different view is adopted, the new doctrine should be
applied prospectively and should not prejudice parties who relied on the old doctrine. Cessante Ratione Cessat Ipsa Lex in Criminal Law - When the reason for the law ceases, the law
automatically ceases to be one.
Stare Decisis Non Quieta Movere (adherence to precedents) – once a case has been decided one way, then
another case, involving exactly the same point at issue, should be decided in the same manner. Judicial
decisions interpreting the law shall form part of the legal system of the Philippines. Only SC can establish
stare decisis or legal doctrines. CA may in rare cases establish stare decisis

Note: This doctrine however is not inflexible, so that when in the light of changing conditions, a rule has
ceased to be beneficial to the society, courts may depart from it.
Courts are required to follow the rule established in earlier decisions of the Supreme Court.

Ratio Decidendi – the reason or rationale for the decision

Obiter Dictum – opinions not necessarily to the determination of a case. They are not binding and cannot
have the force of judicial precedents.

Law of the Case – when the appellate court passes on a question and remands the case to the lower court for
proceedings, the question are settled and becomes the law of the case upon subsequent appeal

Art. 9. No judge or court shall decline to render judgment by reason of the silence, obscurity or
insufficiency of the laws.
Duty of the Court to Render Judgment:
The court must give a decision, even if the law is silent, obscure, or insufficient.

Effect of Silence, Obscurity or Insufficiency of Laws

The court may apply any rule he desires as long as the rule chosen is in harmony with general interest, order,
morals and public policy.

Judicial Aids
a. Customs which are not contrary to law, public order, and public policy;
b. Equity and justice;
c. Decisions of foreign and local courts on similar cases;
d. Opinions of highly qualified writers and professors;
e. Rules of statutory construction;
f. Principles laid down in analogous instances.