EFFECT AND APPLICATION OF LAWS

CC, Art. 2

Laws shall take effect after fifteen (15) days following the completion of their publication either in the Official Gazette, or in a newspaper of general circulation in the Philippines, unless it is otherwise provided. (As amended by E.O. No. 200)

CC, Art. 3

Ignorance of the law excuses no one from compliance therewith.

CC, Art. 4

Laws have no retroactive effect, unless the contrary is provided.

CC, Art. 5

Acts executed against the provisions of mandatory or prohibitory laws shall be void, except when the law itself authorizes their validity.

CC, Art. 6

Rights may be waived unless the waiver is contrary to law, public order, public policy, morals, or good customs, or prejudicial to a third person with a right recognized by law.

CC, Art. 7

Laws are repealed only by subsequent ones, and their violation or non-observance shall not be excused by disuse, or customs or practice to the contrary.

CC, Art. 8

Judicial decisions applying or interpreting the laws or the Constitution shall form a part of the legal system of the Philippines.

CC, Art. 9

No judge or court shall decline to render a judgment by reason of the silence, obscurity or insufficiency of the laws.

CC, Art. 10

In case of doubt in the interpretation or application of laws, it is presumed that the lawmaking body intended right and justice to prevail.

CC, Art. 11

Customs which are contrary to law, public order or public policy shall not be countenanced.

CC, Art. 12

A custom must be proved as a fact, according to the rules of evidence.

CC, Art. 14

Penal laws and those of puvlic security and safety shall be obligatory upon all who live and sojourn in Philippine territory, subject to the principles of public international and to treaty stipulations.

  1. CC, Art. 15-18
  2. Jurisdiction; Forum Non Conveniens
  3. Choice of Law; Doctrine of Renvoi; Doctrine of Processual Presumption
  4. Recognition and Enforcement of Foreign Judgment

CC, Art. 15

Laws relating to family rights and duties, or to the status, condition and legal capacity of persons are bindin upon citizens of the Philippines, even through living abroad.

CC, Art. 16

Real property as well as personal property is subject to the law of the country where it is situated.

However, intestate and testamentary successions, both with respect to the order of successions and to the amount of successional rights and to the intrinsic validity of testamentary provisions, shall be regulated by the national law of the person whose succession is under consideration, whatever may be the nature of the property and regardless of the country wherein said property may be found.

Leave a Reply

Your email address will not be published. Required fields are marked *

This site uses Akismet to reduce spam. Learn how your comment data is processed.

You cannot copy content of this page