WHAT TO STUDY FOR PERSONS AND FAMILY RELATIONS GENERAL PRINCIPLES 1.
What is the Civil Code? The collection of laws regulating private relations of the members of civil society, ◦ determining their respective rights and obligations, with reference to persons, things, and civil acts.
2.
When do Laws Become Effective? Laws shall take effect 15 days after completion of their publication in the Official ◦ Gazette, or in a newspaper of general circulation in the Philippines, unless it is otherwise provided. [Art. 2, Civil Code] Other presidential issuances which apply only to particular persons or class of ◦ persons such as administrative and executive orders need not be published on the assumption that they have been circularized to all concerned. [Tañada v Tuvera, G.R. No. L-63915, (1986)]
3.
What is the Effect of Ignorance of the Law? Ignorance of the law excuses no one from compliance therewith. [Art. 3, Civil ◦ Code] There is a difference between ignorance of the law and a misunderstanding of it ◦ due to its complicated language. [Kasilag v Rodriguez, G.R. No. 46623 (1939)]
4.
What are the Rules Pertaining to the Retroactivity of Laws? ◦ General Rule: Laws are not retroactive. [Art. 4, Civil Code] ◦ Exceptions: When retroactivity is specified, remedial statutes, curative statutes, interpretive laws, penal statutes beneficial to the accused, and laws that create new rights. [Ibid.] ◦ Exception to the exception: When, due to retroactivity, a person’s constitutional rights are compromised.
5.
What are the Rules Governing the Repeal of Laws? are repealed only by subsequent ones, and their violation or non◦ Laws observance shall not be excused by disuse, or custom or practice to the contrary. [Art. 7, Civil Code] ◦
Kinds of Repeals Express or declared repeal - Specifically states it repeals a law. ▪ Implied or tacit repeal - Provisions of the subsequent law are ▪ irreconcilably incompatible or inconsistent with those of an earlier law . [Javier v. COMELEC, G.R. No. 215847 (2016)]
| UP SIGMA RHO FRATERNITY
15
