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WHEN LAWS TAKE EFFECT

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1 WHEN LAWS TAKE EFFECT on Wed Oct 01, 2008 9:31 pm

civil


Prision Mayor
WHEN LAWS TAKE EFFECT

GR: 15 days after completion of publication in OG or newspaper of general circulation

Exception: The law can provide its own date of effectivity, i.e., it can provide for a period less than or greater than 15 days after publication before the law takes effect.

Publication is MANDATORY even if the law provides its own date of effectivity.

Internal regulations of admin agencies binding only the agency need not be published.

COMPLIANCE WITH THE LAW:

Ignorance of the law excuses no one from compliance therewith.
(Ignorantia juris neminem excusat)

RETROACTIVITY:

Generally, rules are not retroactive.

Exceptions:
1. When the law itself expressly provides

Exception to the exception: ex facto law when retroactivity impairs the obligation of contract

2. Remedial statutes

3. Curative statutes

4. Laws interpreting other laws

5. Laws creating new rights

6. Penal laws when favorable to the accused who is not a habitual delinquent

ACTS VIOLATING MANDATORY OR PROHIBITORY LAWS ARE VOID

Exception: When law itself authorizes their validity

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2 Re: WHEN LAWS TAKE EFFECT on Wed Oct 01, 2008 9:31 pm

civil


Prision Mayor
REQUISITES FOR A VALID WAIVER:
1. Person making the waiver must have the right he is waiving

2. He must have the capacity to make the waiver

3. The waiver must be made in a clear and unequivocal manner

4. Such waiver is not contrary to law, public order, public policy, morals or good customs or is prejudicial to third person.

REPEAL OF LAWS

(a) Express repeal - repeal of repealing law will not revive the old law

(b) Implied repeal - the provisions of the subsequent law are incompatible with those of the previous law

Requisites:
1. Both laws cover the same subject matter
2. The latter law is repugnant to the earlier law

* Repeal of the repealing law revives the old law unless the contrary is expressly provided in the last law.
STARE DECISIS

Doctrine requires courts to follow the rule established in earlier decisions of the Supreme Court

The doctrine, however, is not inflexible, so that when in the light of changing conditions, a rule has ceased to be beneficial to the society, the courts may depart from it.

PENAL LAWS

Those of public security & safety obligatory upon all who live or sojourn in the Philippines.

STATUS LAWS

Laws relating to family rights and duties or to the status, condition and legal capacity of persons binding upon Filipino citizens even though living abroad.

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