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STUDY GUIDE (Articles 1-8, Preliminary Title, NCC) 1

STUDY GUIDE: (Articles 1-8)

THE CIVIL CODE


PRELIMINARY TITLE
CHAPTER 1 – Effect and Application of Laws

ARTICLE 1. This Act shall be known as the “Civil Code of the


Philippines.” (n)

ARTICLE 2. Laws shall take effect after fifteen days following


the completion of their publication 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. (1a) (As amended by E.O. No. 200, dated June 19, 2000)

1. When did the Civil Code of the Philippines take effect?

2. Distinguish between "existence of a law" and "effectivity of a law."

 People vs. Que Po Lay, G.R. No. L-6791, March 29, 1954.

3. When do laws take effect?

A. Why is publication imperative?

B. Do all laws need to be published? What kind of laws need to be


published? What issuances need not be published?

 Tañada vs. Tuvera, G.R. No. L-63915, April 24, 1985.


 Tañada vs. Tuvera, Dec. 29, 1986.
STUDY GUIDE (Articles 1-8, Preliminary Title, NCC) 2

 NEA vs. Gonzaga, G.R. No. 158761, Dec. 4, 2007.

C. The proviso of Article 2 states, "unless it is otherwise provided." –


Does this clause refer to the date of effectivity? Does this clause refer
to the publication requirement itself?

C.1. Can Congress provide that a certain law will take effect five
days after its publication?
C.2. Can Congress provide that a certain law will take effect 60
days after its publication?
C.3. What if Congress provides that a law shall take effect
immediately upon its approval, when will the law become effective?

 Fariñas vs. COMELEC, G.R. No. 147387, Dec. 10, 2003.

4. How is publication to be effected?

5. Where must publication be made?

A. What is the Official Gazette?


B. What is a newspaper of general circulation?

ARTICLE 3. Ignorance of the law excuses no one from


compliance therewith. (2)

1. Is ignorance of the law a valid defense?


2. Does this article apply to all kinds of laws?
3. Distinguish between ignorance of law and ignorance of fact .
ARTICLE 4. Laws shall have no retroactive effect, unless the
contrary is provided. (3)
STUDY GUIDE (Articles 1-8, Preliminary Title, NCC) 3

1. Distinguish between the prospectivity and the retroactivity of laws.


2. Does the rule on prospectivity of laws apply to doctrines laid down by the
Supreme Court?
3. What is an ex post facto law?
4. What are the exceptions to the general rule on prospectivity of laws?

ARTICLE 5. Acts executed against the provisions of


mandatory or prohibitory laws shall be void, except when the law itself
authorizes their validity. (4a)

1. What is a mandatory law? What is a prohibitory law? Give some


examples of mandatory or prohibitory laws. What is the effect of violation of
mandatory or prohibitory laws?

2. What is a directory or permissive law? Give some examples of directory


or permissive laws? What is the effect of violation of directory or permissive
laws.

3. Cite some exceptions to the rule that “acts executed against the provisions
of mandatory or prohibitory laws are 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. (4a)

1. Define what is a right? Define what is a waiver?


2. What are the requisites for a waiver to be valid?
STUDY GUIDE (Articles 1-8, Preliminary Title, NCC) 4

3. When is a waiver allowed? When is a waiver disallowed?

ARTICLE 7. Laws are repealed only by subsequent ones, and


their violation or non-observance shall not be excused by disuse, or
custom, or 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.
(5a)

1. How do laws lose their effectivity?

2. How are laws repealed? Distinguish between an express and an implied


repeal of a law? Give examples for each kind.
3. In case of conflict between a general and a special law, which should
prevail?
4. What is the effect if the repealing law is itself repealed?

ARTICLE 8. Judicial decisions applying or interpreting the


laws or the Constitution shall form part of the legal system of the
Philippines.

1. What are judicial decisions? Are judicial decisions laws?

2. Do all judicial decisions form part of the legal system?

3. Explain the doctrine of Stare Decisis. When can an abandonment of the


principle of Stare Decisis be justified?
STUDY GUIDE (Articles 1-8, Preliminary Title, NCC) 5

4. Be able to briefly explain these legal concepts: ratio decidendi, obiter


dictum or dissenting opinion in a judicial decision.

5. Does the general rule on prospectivity of laws under Article 4 likewise


apply to judicial decisions?

*** END ***

Permanence, perseverance and persistence in spite of all


obstacles, discouragements, and impossibilities:
it is this, that in all things distinguishes
the strong soul from the weak.
Thomas Carlyle

Ambition is the path to success.


Persistence is the vehicle you arrive in.
William Eardley IV

The majority of men meet with failure because of their


lack of persistence in creating new plans
to take the place of those which fail.
Napoleon Hill

HRL*9Nov2014