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RETROACTIVITY OF LAWS (ARTICLE 4, CIVIL CODE)

PROVISION: Article 4 of the Civil Code of the Philippines CODAL TEXT: Laws shall have no retroactive effect, unless the contrary is provided. REPHRASING: Generally, laws apply only to actions and events that occur after the law has taken effect. This means that a new law typically cannot be applied to situations that happened before the law was enacted. However, there is an exception to this rule. A law can specifically state that it is intended to have a retroactive effect. In such cases, the law will also apply to past actions or events, as explicitly indicated within the law itself. Therefore, the default is that laws are prospective, meaning they look forward. Retroactive application only occurs when the law itself clearly states this intention but such application cannot violate the constitutional proscription on ex post facto  laws. RELEVANT JURISPRUDENCE: [ G.R. No. 189649. April 20, 2015 ] ADORACION CAROLINO (SPOUSE AND IN SUBSTITUTION OF THE DECEASED JEREMIAS A. CAROLINO),...

IGNORANCE OF THE LAW (ARTICLE 2, CIVIL CODE)

PROVISION: Article 2 of the Civil Code of the Philippines CODAL TEXT: ART. 3. Ignorance of the law excuses no one from compliance therewith. REPHRASING: An individual's lack of awareness regarding a particular law or its existence does not exempt that individual from the obligation to adhere to its mandates. It is a fundamental principle that all persons within a jurisdiction are presumed to have knowledge of the prevailing laws therein. Consequently, a claim of ignorance cannot be presented as a valid defense against non-compliance or a violation thereof. The responsibility to be informed about the legal framework rests upon each member of society. RELEVANT JURISPRUDENCE: [ A.M. NO. RTJ-04-1822. June 25, 2007 ] ATTY. REX G. RICO, COMPLAINANT, VS. JUDGE ANASTACIO C. RUFON (RTC, BACOLOD CITY, BRANCH 51), RESPONDENT. [ G.R. No. L-37762. December 19, 1985 ] PEOPLE OF THE PHILIPPINES, PLAINTIFF-APPELLEE, VS. EDUARDO B. NERI, DEFENDANT-APPELLANT. [ A.M. NO. MTJ-03-1491 (FORMERLY A.M. NO...

EFFECTIVITY OF LAWS (ARTICLE 1, CIVIL CODE)

PROVISION: Article 1 of the Civil Code of the Philippines CODAL TEXT: 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. REPHRASING: Generally, laws in the Philippines become effective after 15 days from the day they are fully published. Thus, the counting of the 15-day period starts after completion of publication and effectivity starts after such period. This publication can be in either the government's official publication, called the Official Gazette, or in a newspaper that is widely read throughout the Philippines. However, a specific law itself can state a different date for when it will take effect. So, if a law says it will be effective immediately, it becomes effective after publication. It may also say "after 30 days" in which case the specific instruction in the law will be followed instead of...

WHY SOTTO WILL PROBABLY LOSE IN YAP DEFAMATION CASE

According to recent news, Vic Sotto sued Darryl Yap for defamation via online means under the Cybercrime Prevention Act of 2012. As reported by Iza Iglesias  and Francis Earl Cueto of the Manila Times, Sotto filed 19 counts of cyber-libel against Yap, the filmmaker of the upcoming controversial movie called "The R*pe of Pepsi Paloma." In a trailer of this movie posted online, a female character asked another acting as Pepsi Paloma whether the latter was r*ped by Sotto, to which the latter replied in the affirmative. News archives show that Paloma, when she was still alive, indeed filed a r*pe case against Sotto. However, she later withdrew the same. In the case of AYER PRODUCTIONS v. CAPULONG and ENRILE (G.R. No. 82380, April 29, 1988), the Supreme Court said, citing Prof. Prosser and Prof. Keeton, that public figures are held to have lost, to some extent at least, their right to privacy. This is because of the fact that they have sought publicity and consented to it...

LOCAL GOVERNMENT LAW - ONLINE BOOK

Local government law, also known as the law on public corporations, is under political law. It deals with the powers, functions and limitations of local government units and their relationship with the national government. Under this law school subject are the following topics, including landmark pieces of jurisprudence related thereto: AUTONOMOUS REGIONS Powers & Functions Autonomous Regions & Their Relationship with the National Government PUBLIC CORPORATIONS Concept of Public Corporations Government-Owned and Controlled Corporations Classifications of Public Corporations LOCAL AUTONOMY POWERS OF LOCAL GOVERNMENT UNITS General Welfare Clause Eminent Domain Taxing Power Closure and Opening of Roads Legislative Power Ultra Vires Acts Liability of Local Government Units Settlement of Boundary Disputes Local Officials Recall of Local Elections Local Office Term Limits

ELECTION LAW - ONLINE BOOK

Election law, which is the study of suffrage, its exercise, elective office, and regulations thereto, is under political law. Under this law school subject are the following topics, including landmark pieces of jurisprudence related thereto: SUFFRAGE Qualification of Voters Disqualification of Voters Registration of Voters Deactivation of Voters Inclusion & Exclusion of Voters Local Voting Overseas Absentee Voting Detainee Voting POLITICAL PARTIES COMELEC's Jurisdiction over Political Parties Registration of Political Parties CANDIDACY Qualifications of Candidates Disqualification of Candidates Filing of Certificates of Candidacy CAMPAIGN Premature Campaigning Lawful Election Propaganda Prohibited Election Propaganda Electoral Contributions Limitations on Expenses Statement of Contributions & Expenses ELECTION OFFENSES BOARD OF ELECTION INSPECTORS BOARD OF ELECTION CANVASSERS ELECTION REMEDIES Petition to Deny Due Course to Certificate of Candidacy Petition to Cancel Certif...

PUBLIC OFFICERS LAW - ONLINE BOOK

The law on public officers, which is the study of the qualifications, disqualifications, appointment, liability, removal, and remedies in civil service, is a subdivision of political law. Under this law school subject are the following topics, including landmark pieces of jurisprudence related thereto: GENERAL CIVIL SERVICE PRINCIPLES MODES OF ACQUIRING TITLE TO PUBLIC OFFICE Appointment Election Designation ELIGIBILITY REQUIREMENTS QUALIFICATIONS FOR PUBLIC OFFICE DISABILITIES & INHIBITIONS OF PUBLIC OFFICERS POWERS & DUTIES OF PUBLIC OFFICERS RIGHTS OF PUBLIC OFFICERS LIABILITIES OF PUBLIC OFFICERS IMMUNITY OF PUBLIC OFFICERS Qualified Immunity DE FACTO & DE JURE PUBLIC OFFICERS TERMINATION OF PUBLIC OFFICE CIVIL SERVICE ACCOUNTABILITY OF PUBLIC OFFICERS

ADMINISTRATIVE LAW - ONLINE BOOK

Administrative law, which is the study of the rulemaking and fact-finding powers of certain agencies under the executive branch of the government, is a branch of law under political law. Under this law school subject are the following topics, including landmark pieces of jurisprudence related thereto: GENERAL ADMINISTRATIVE LAW PRINCIPLES ADMINISTRATIVE AGENCIES POWERS OF ADMINISTRATIVE AGENCIES Rulemaking Power Fact-Finding Power Investigative Power Adjudicatory Power Licensing Power Rate-Fixing Power JUDICIAL REVIEW OF ADMINISTRATIVE FINDINGS Primary Administrative Jurisdiction Exhaustion of Administrative Remedies Finality of Administrative Action

CONSTITUTIONAL LAW - ONLINE BOOK

Constitutional law, which is the study of the balance between the powers of the state and the rights of the people, is a branch of law that deals with the delicate task of determining whether the government has acted in violation of the Bill of Rights. Under this law school subject are the following topics, including landmark pieces of jurisprudence related thereto: POWERS OF THE STATE THE BILL OF RIGHTS Privacy & Autonomy Human Rights DUE PROCESS OF LAW EQUAL PROTECTION OF LAWS RIGHT AGAINST UNREASONABLE SEARCHES & SEIZURES PRIVACY OF COMMUNICATION & CORRESPONDENCE FREEDOM OF SPEECH AND EXPRESSION FREEDOM OF RELIGION LIBERTY OF ABODE AND FREEDOM OF MOVEMENT RIGHT LIMITING EMINENT DOMAIN NON-IMPAIRMENT OF OBLIGATION OF CONTRACTS ADEQUATE LEGAL ASSISTANCE AND FREE ACCESS TO COURTS Public Attorney's Office Clinical Legal Education Program Integrated Bar of the Philippines Legal Aid RIGHT AGAINST SELF-INCRIMINATION RIGHTS OF PERSONS UNDER CUSTODIAL INVESTIGATION RIGHT TO C...

POLITICAL LAW PROPER - ONLINE BOOK

Political law proper, also known as constitutional law one, is a branch of law that deals with the relationship between the government and its people. Under this legal umbrella (law school subject) are the following topics, including landmark pieces of jurisprudence related thereto: CONCEPT OF A STATE Elements of a State State Principles & Policies State Immunity from Suit Inherent State Powers Police Power Power of Eminent Domain Power of Taxation PEOPLE Citizenship Bill of Rights, Generally Determinants of Citizenship Kinds of Filipino Citizenship Purpose of Distinguishing Citizenship Philippine Citizenship Lose of Citizenship Reacquisition of Citizenship Dual Citizenship Dual Allegiance TERRITORY The Philippine National Territory SOVEREIGNTY Constitutional Amendments Constitutional Revisions Plebiscite & Referendum GOVERNMENT Constitution Definition, Nature & Concepts Parts of a Constitution Constitutional Interpretation 1987 Constitution Legislative Department Compositi...