Tiêu đề Person and Family Relation By Sta. Maria.pdf ✅

1 1 CIVIL CODE OF THE PHILIPPINES PRELIMINARY TITLE Chapter 1 EFFECT AND APPLICATION OF LAWS Article 1. This Act shall be known as the Civil Code of the Philippines. REPUBLIC ACT NUMBER 386. The main draft of the Civil Code was prepared by the Roxas Code Commission, which was created via Executive Order No. 48 of March 20, 1947 by President Manuel Roxas. Dr. Jorge C. Bocobo was the chairman. The members were Judge Guillermo B. Guevarra, Dean Pedro Y. Ylagan, and Francisco R. Capistrano. Arturo M. Tolentino was added to the Commission but, after a while, had to resign due to his election as a congressman. In his place, Dr. Carmelino Alvendia was appointed. The 1947 Code Commission started working on May 8, 1947 and ended on December 15, 1947. On January 26, 1949, the Senate and the House of Representatives of the Philippines passed Republic Act 386, which is “An Act to Ordain and Institute the Civil Code of the Philippines.” Article 2. Laws shall take effect after fi fteen days following the completion of their publication in the Offi cial Gazette, unless it is otherwise provided. This Code shall take effect one year after publication. EFFECTIVITY OF THE CIVIL CODE. The 1950 Civil Code of the Philippines took effect on August 30, 1950.
2 PERSONS AND FAMILY RELATIONS LAW EXECUTIVE ORDER NO. 200. Article 2 of the Civil Code has been expressly amended by Executive Order No. 200 dated June 18, 1987 issued by President Corazon Aquino during the time of her revolutionary government. Hereunder is the text of the said executive order: EXECUTIVE ORDER NO. 200 PROVIDING FOR THE PUBLICATION OF LAWS EITHER IN THE OFFICIAL GAZETTE OR IN A NEWSPAPER OF GENERAL CIRCULATION IN THE PHILIPPINES AS A REQUIREMENT FOR THEIR EFFECTIVITY. WHEREAS, Article 2 of the Civil Code partly provides that “laws shall take effect after fi fteen days following the completion of their publication in the Offi cial Gazette, unless it is otherwise provided x x x’’; WHEREAS, the requirement that the laws to be effective only a publication thereof in the Offi cial Gazette shall suffi ce has entailed some problems, a point recognized by the Supreme Court in Tañada, et al. v. Tuvera, et al., (G.R. No. 63915, December 29, 1986) when it observed that “there is much to be said of the view that the publication need not be made in the Offi cial Gazette, considering its erratic release and limited readership’’; WHEREAS, it was likewise observed that “undoubtedly, newspapers of general circulation could better perform the function of communicating the laws to the people as such periodicals are more easily available, have a wide circulation, and come out regularly”; and WHEREAS, in view of the foregoing premises Article 2 of the Civil Code should accordingly be amended so that laws to be effective must be published either in the Offi cial Gazette or in a newspaper of general circulation in the country; NOW, THEREFORE, I, CORAZON C. AQUINO, President of the Philippines, by virtue of the powers vested in me by the Constitution, do hereby order: SECTION 1. Laws shall take effect after fi fteen days following the completion of their publication either in the Offi cial Gazette or in a newspaper of general circulation in the Philippines, unless it is otherwise provided. SECTION 2. Article 2 of Republic Act No. 386, otherwise known as the “Civil Code of the Philippines,” and all other laws Art. 2

4 PERSONS AND FAMILY RELATIONS LAW circulars issued by the Monetary Board must be published if they are meant not merely to interpret but to “fi ll in the details” of the Central Bank Act which that body is supposed to enforce. However, no publication is required of the instructions issued by, say, the Minister of Social Welfare on the case studies to be made in the petitions for adoptions or the rules laid down by the head of a government agency on the assignments or workload of his personnel or the wearing of offi ce uniforms. Parenthetically, municipal ordinances are not covered by this rule but by the Local Government Code (Tañada v. Tuvera, 146 SCRA 446). THE CLAUSE “UNLESS IT IS OTHERWISE PROVIDED.” The clause “unless it is otherwise provided” solely refers to the fi fteen- day period and not to the requirement of publication. Publication is an indispensable requisite the absence of which will not render the law effective. In Tañada v. Tuvera, 146 SCRA 446, where the clause “unless it is otherwise provided” contained in Article 2 of the Civil Code was interpreted by the Supreme Court, it was stated that: it is not correct to say that under the disputed clause, publication may be dispensed with altogether. The reason is that such omission would offend due process insofar as it would deny the public of the laws that are supposed to govern it. Surely, if the legislature could validly provide that a law shall become effective immediately upon its approval notwithstanding the lack of publication or after an unreasonable short period after its publication, it is not unlikely that persons not aware of it would be prejudiced as a result; and they would be so not because of a failure to comply with it but simply because they did not know of its existence. Signifi cantly, this is not true only of penal laws as is commonly supposed. One can think of many non-penal measures, like a law on prescription, which must also be communicated to the persons they may affect before they can begin to operate. If the law provides for a different period shorter or longer than the fi fteen-day period provided by Section 1 of Executive Order No. 200, then such shorter or longer period, as the case may be, will prevail. If the law provides that it shall take effect immediately, it means that it shall take effect immediately after publication with the fi fteen-day period being dispensed with. LAWS. Section 1 of Executive Order No. 200 uses the word “laws.” Hence, the effectivity provision refers to all statutes, Art. 2