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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...