One of the important considerations in using statute
laws in Legal Research is the effectivity of that law.
The publication of presidential issuances or laws of
public nature or of general applicability is a
requirement of due process. It is a rule of law that
before a person may be bound by law, he must first
be officially and specifically informed of its
contents.
Art. 2 of the Civil Code does not preclude the
requirement of publication in the Official Gazette,
even if the law itself provides for the date of its
effectivity.
The clear object of this provision is to give the
general public adequate notice of the various laws
which are to regulate their actions and conduct as
citizens.
Without such notice and publication, there would be
no basis for the application of the maxim ignoratia
legis nominem excusat. It would be the height of
injustive to punish or otherwise burden a citizen for
the transgression of a law which he had no notice
whatsoever, not even a constructive one.
And therefore due process by publishing laws prior
effectivity shall form as a conclusive presumption of
the knowledge of the law executed.