PERSONS AND FAMILY RELATIONS
Purpose is to inform the public of the full
Law is a rule of conduct, just, obligatory,
promulgated by legitimate authority, and of
common observance and benefit (Sanchez
Roman).
Substantive Law vs. Remedial Law
1-establishes rights and duties (Article 36-
38 of FC | Grounds for Nullity of Marriage)
2-precribes the manner of enforcing legal
rights and claims (Article 40 of FC
Mandatory/Prohibitory vs Permissive Laws
1-those which have to be complied with,
where disobedience is punished.
2-those which may be deviated from
Republic Act No. 386
THE CIVIL CODE OF THE PHILIPPINES
Art. 1. This Act shall be known as the
Civil Code of the Philippines.
Art. 2. Laws shall take effect after
fifteen days following the completion of
their publication in the Official Gazette,
unless it is otherwise provided. This
Code shall take effect one year after
such publication.
What Laws needs publication?
1. All statues
2. Punitive in character
3. Executive Order (punitive in
character)
Except: Internal Instructions of Admin
Agencies and Municipal Orders LGC
When do laws become effective?
No date after 15 days of complete
publication.
With specific date upon lapse of said
period
ASAP after its complete publication not
after signature of the Pres.
contents of law.
UNLESS OTHERWISE STATED refers to
date of the effectivity.
Publication is required by law,
Publication is indispensable, law should be
publish to become effective.
TAADA VS. TUVERA
Facts:
- Due process was invoked by the
petitioners in demanding the
publication of certain PD.
- Court affirmed the necessity for
publication of the said PD and
orders the respondents to publish it
on OG or NGC.
Issue:
- What laws should be published?
- Exemptions to the rule on
publication?
- Effect of laws with lack of
publication?
Held:
- All statutes, Regulations which is
punitive in character, Executive
Order (punitive in character)
- Interpretative Regulations, letters of
instructions, Municipal Orders.
- Shall have no binding force effect.
DE ROY VS. CA
Facts:
- Bernal Family occupants of a
tailoring shop.
- De Roy and Ramos, owner of a
building nearthe tailoring shop
- The buildings firewall was burned.
- De Roy and Ramos warned Bernal
family for the possibility of the wall
to collapsed.
- Wall collapsed and cause damages
and death of Marrisa Bernal,
daughter of Bernal Family.
 - Court rendered judgement finding
petitioners guilty of gross
negligence and awards damages to
respondents.
- De Roy and Ramos filed a motion to
extend time to file for motion for
reconsideration.
- CA denied the motion based on
ruling laid down on Habaluyas
Enterprises vs. Japzon, which says
that the fifteen-day period for filing a
motion cannot be extended.
- De Roy and Ramos contented that
the above case should not be a
basis for the ruling to this case for
non-publication of the said case.
Thus, they should be granted.
Issue:
WON the publication of
jurisprudence in OG or NGC required for
SC rulings to be effective?
Held:
NO. It is not required. Though,
jurisprudence shall take part to the legal
system of the Phil (Art. 8, CC) there is no
law requiring such to be published.
Lawyers are bounded to be active in
law practice to keep knowledgeable of
current decisions of SC where same issues
have been clarified.

Art. 3. Ignorance of the law excuses no

one from compliance therewith.

Ignorantia legis neminem excusat

Justice can be easily plead using the

argument on ignorance of the law and
escape penalties and consequences.

It only applies to all domestic including

Mandatory Laws BUT NOT TO Permissive
Laws.

Ignorance of the laws do not only cover the

mere expressed words but also implied
meaning of the law.