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This document summarizes key concepts in Philippine law regarding persons and family relations. It discusses the differences between substantive and remedial law, as well as mandatory/prohibitory vs permissive laws. It also summarizes two important Supreme Court cases, Tañada vs. Tuvera and De Roy vs. CA, which established that laws with punitive character and Supreme Court jurisprudence must be published to be effective, while internal issuances and municipal orders do not require publication. The document concludes by stating the legal maxim "ignorance of the law excuses no one from compliance therewith."
This document summarizes key concepts in Philippine law regarding persons and family relations. It discusses the differences between substantive and remedial law, as well as mandatory/prohibitory vs permissive laws. It also summarizes two important Supreme Court cases, Tañada vs. Tuvera and De Roy vs. CA, which established that laws with punitive character and Supreme Court jurisprudence must be published to be effective, while internal issuances and municipal orders do not require publication. The document concludes by stating the legal maxim "ignorance of the law excuses no one from compliance therewith."
This document summarizes key concepts in Philippine law regarding persons and family relations. It discusses the differences between substantive and remedial law, as well as mandatory/prohibitory vs permissive laws. It also summarizes two important Supreme Court cases, Tañada vs. Tuvera and De Roy vs. CA, which established that laws with punitive character and Supreme Court jurisprudence must be published to be effective, while internal issuances and municipal orders do not require publication. The document concludes by stating the legal maxim "ignorance of the law excuses no one from compliance therewith."
Law is a rule of conduct, just, obligatory, contents of law. promulgated by legitimate authority, and of common observance and benefit (Sanchez UNLESS OTHERWISE STATED refers to Roman). date of the effectivity. Publication is required by law, Substantive Law vs. Remedial Law Publication is indispensable, law should be 1-establishes rights and duties (Article 36- publish to become effective. 38 of FC | Grounds for Nullity of Marriage) 2-precribes the manner of enforcing legal TAADA VS. TUVERA rights and claims (Article 40 of FC Facts: Mandatory/Prohibitory vs Permissive Laws - Due process was invoked by the 1-those which have to be complied with, petitioners in demanding the where disobedience is punished. publication of certain PD. 2-those which may be deviated from - Court affirmed the necessity for publication of the said PD and Republic Act No. 386 orders the respondents to publish it THE CIVIL CODE OF THE PHILIPPINES on OG or NGC. Issue: Art. 1. This Act shall be known as the - What laws should be published? Civil Code of the Philippines. - Exemptions to the rule on publication? Art. 2. Laws shall take effect after - Effect of laws with lack of fifteen days following the completion of publication? their publication in the Official Gazette, Held: unless it is otherwise provided. This - All statutes, Regulations which is Code shall take effect one year after punitive in character, Executive such publication. Order (punitive in character) - Interpretative Regulations, letters of What Laws needs publication? instructions, Municipal Orders. - Shall have no binding force effect. 1. All statues 2. Punitive in character DE ROY VS. CA 3. Executive Order (punitive in character) Facts: Except: Internal Instructions of Admin - Bernal Family occupants of a Agencies and Municipal Orders LGC tailoring shop. - De Roy and Ramos, owner of a When do laws become effective? building nearthe tailoring shop - The buildings firewall was burned. No date after 15 days of complete - De Roy and Ramos warned Bernal publication. family for the possibility of the wall With specific date upon lapse of said to collapsed. period - Wall collapsed and cause damages ASAP after its complete publication not and death of Marrisa Bernal, after signature of the Pres. 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.
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