PFR- PART 1 (ALIGADA)

August 30, 1950- Effectivity of Civil Code (RA____)

 It became a law (in June 18, 1949) by congressional act
August 3, 19880 Effectivity of Family Code (EO 309)
 Took effect by Executive Fiat ( kasi during that time, Cory abolished Congress
(ito ang first act nia as president.)

Law vs. Equity

 Equity is justice outside of legality. Equity takes effect only in the absence of law.
 Law is promulgated by a legislative body, usually the congress, while Equity
emanated from natural law.
 Equity takes effect only in the absence

When do laws take effect?

 After 15 days following the completion of its publication in the Official Gazette or
in a newspaper of general circulation. (art2 ito)

May a law take effect without publication?

 No. Publication is a must, regardless if it has general or local application.
Publication is a part of due process by giving constructive notice to everybody.
(Tanada vs. Tuvera)

What is it that should be published?

 The entirety of the law must be published in the official gazette or a newspaper
of general circulation.

Art 3- Ignorance of the law excuses no one from compliance therewith.

What are the principles that underlie Art 3?
 There are 2:
o Principle of Necessity
 Paano nalang kung walang art 3? Edi anyone can do what he likes
and gets away with impunity for the simple reason excuse that the
he does not know that such law exists.
Note: Ignorance of law vs. Mistake of fact
Ignorance of the law excuses no one, while ignorance of fact may sometimes be an excuse.
This only applies to Filos- foreigners are not presumed to know Philippines laws.
o Principle of Exigency
