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Overview of the Civil Code of the Philippines

This document provides an overview of the Civil Code of the Philippines and rules regarding when laws take effect. The key points are: - The Civil Code is a collection of laws that regulate private relations and determine rights/obligations of individuals. - Laws typically take effect 15 days after completion of publication in the Official Gazette, unless otherwise specified. The Civil Code itself took effect one year after publication. - A law may specify its own effective date. It will take effect either on the 15th day or 16th day following publication, depending on the language used. - Even if a law specifies its effective date, it still must be published in the Official Gazette to give public notice, as required by

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495 views2 pages

Overview of the Civil Code of the Philippines

This document provides an overview of the Civil Code of the Philippines and rules regarding when laws take effect. The key points are: - The Civil Code is a collection of laws that regulate private relations and determine rights/obligations of individuals. - Laws typically take effect 15 days after completion of publication in the Official Gazette, unless otherwise specified. The Civil Code itself took effect one year after publication. - A law may specify its own effective date. It will take effect either on the 15th day or 16th day following publication, depending on the language used. - Even if a law specifies its effective date, it still must be published in the Official Gazette to give public notice, as required by

Uploaded by

luis capulong
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© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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Download as DOCX, PDF, TXT or read online on Scribd
  • Preliminary Title: Covers the basic definition and scope of the Act as the Civil Code of the Philippines, explaining its applicability and authorities.
  • Reaffirmation of Requirement for Publication: Discusses the reaffirmation of the requirement for publication and its implications on legal processes.

THE CIVIL CODE OF THE PHILIPPINES

PRELIMINARY TITLE a. 15th day


- If the law declares that it shall become
Article 1. This Act shall be known as the effective “15 days after its publication”, it
"Civil Code of the Philippines." (n) means that its effectivity is on the 15th day
after such publication
CODE DEFINE
- The Civil Code is collection of laws which Ex:
regulate the private relations of the a. Sec. 28 of R.A. No. 7659 states “This Act
members of civil society, determining their shall take effect fifteen (15) days after its
respective rights and obligations, with publication in two (2) national newspapers
reference to persons, things, and civil acts. of general circulation. The publication
shall not be later than seven (7) days after
Article 2. Laws shall take effect after the approval hereof.”
fifteen days following the completion of
their publication in the Official Gazette, The SC held that R.A. No. 7659 took effect
unless it is otherwise provided. This Code on Dec. 31, 1993 which is 15 days after its
shall take effect one year after such publication in the Dec. 16, 1993 issue of
publication. (1a) the Manila Bulletin, Philippine Star,
Malaya, and Philippine Times Journal, and
GENERAL RULE not on January 1, 1994.
- A law may provide for its own effectivity.
b. 16th day
Ex: - If the law declares that is shall be
1. Article 257 of the Family Code provides effective “after 15 days following its
that the code shall take effect 1 year after publication”, its effectvity in on the 16th
the completion of its publication in a day thereafter.
newspaper of general circulation.
Ex:
Its publication in the Manila Chronicles a. Section 8 of R.A. No. 7691 states that
was completed on Aug. 4, 1987. Thus, it “This Act shall take effect fifteen (15) days
was clarified that the Code took effect on following its publication in the Official
Aug. 3, 1988 and not Aug. 5, 1988. Gazette or in two (2) national newspapers
of general circulation.”
EXCEPTION
- If the law is silent as to its own The SC ruled that R.A. No. 7691 became
effectivity, then it shall take effect only effective on April 15, 1994, 15 days
after 15 days following its complete following its publication in the Malaya and
publication. Time Journal in March 30, 1994.

COMPUTATION OF THE 15-DAY PERIOD PUBLICATION REQUIREMENT


- The period may be on the 15 th day or on - In Tanada v. Tuvera, the SC rules that Art.
the 16th day depending on the language of 2 of the Civil Code does not preclude the
the Congress fixing the effectivity date of requirement of publication in the Official
the statute. Gazette even if the law itself provides for
the date of its effectivity since the clear
object of the law is to give the general
public adequate notice of the various laws
which are to regulate their actions and
conduct as citizens.

The contention that only laws which are


silent as to their effectivity date need be
published in the Official Gazette for their
effectivity is manifestly untenable. The
proviso “unless it is otherwise provided” in
Article 2 of the Civil Code perforce refers
only to law that has been duly published
pursuant to the basic constitutional
requirements of due process.

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