I. Effect and Application of Laws

I. EFFECT AND APPLICATION OF LAWS

A. When Law Takes Effect; Publication (Civil Code, art. 2)

B. Ignorance of the Law; (Civil Code, art. 3) Ignorance of Fact

C. Retroactivity of Laws (Civil Code, art. 4); Vested Rights Principle

D. Mandatory, Prohibitory and Permissive Laws (Civil Code, art. 5)

E. Waiver of Rights (Civil Code, art. 6)

F. Repeal of Laws (Civil Code, art. 7)

G. Judicial Decision (Civil Code, art. 8)

H. Duty to Render Judgment (Civil Code, art. 9)

I. Interpretation of Doubtful Statutes (Civil Code, art. 10)

J. Custom (Civil Code, arts. 11-12)

K. Legal Periods (Civil Code, art. 13, as amended by Book I, chapter 8, sec. 31 of the Administrative Code of 1987 (E.O. No. 292))

L. Generality Principle of Penal Laws (Civil Code, art. 14)

M. Conflict of Laws (Civil Code, arts. 15-18)

H. Duty to Render Judgment (Civil Code, art. 9)

> Article 9. No judge or court shall decline to render judgment by reason of the silence, obscurity or insufficiency of the laws. (6)

I. Interpretation of Doubtful Statutes (Civil Code, art. 10)

> Article 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. (n)

Rendering of judgment by reason of silence of law

No judge or court shall decline to render judgment by reason of the silence, obscurity or insufficiency of the laws. (NCC, Art. 9) (2003 BAR)

However, in criminal prosecutions, the judge must dismiss the case if a person is accused of a non-existent crime following the maxim “nullum crimen, nulla poena sine lege. (Rabuya, 2009)

NOTE: This duty, however, is not a license for courts to engage in judicial legislation. The duty of the courts is to apply or interpret the law, not to make or amend it.

Presumption in case of doubt in the interpretation of laws

In case of doubt in the interpretation or application of laws, it is presumed that the lawmaking body intended right and justice to prevail. (NCC, Art. 10) (2003 BAR)

Interpretation

If there is a conflict between a provision of this Act and a provision of any other law, this Act shall govern unless the other law especially cites and amends the conflicting provisions of this law.

This act repeals, among others, Sections 1 to 16 of Act No. 1508, otherwise known as "The Chattel Mortgage Law"; and Articles 2085-2123, 2127, 2140-2141, 2241, 2243, and 2246-2247 of Republic Act No. 386, otherwise known as the "Civil Code of the Philippines."

The implementation of this Act shall be conditioned upon the Registry being established and operational.

Guidelines on rendition of decisions under Art. 9

• When there is no law exactly applicable to the point in controversy, the custom of the place shall be applied and in default thereof, the general principles of law;
• Decisions of foreign courts;
• Opinions of known authors and professors;
• Applicable rules of statutory construction;
• Principles formulated in analogous cases.

Permissive law

A law or a provision in a statute is said to be permissive or directory when it allows certain acts but does not command them. (Black’s Law Dictionary, 2009)

Application of customs in civil cases

In civil cases, customs may be applied by the courts in cases where the applicable law is:

• Silent;
• Obscure; or
• Insufficient.

NOTE: Provided said customs are not contrary to law, public morals, etc.

Non-applicability of customs in criminal cases

In criminal cases, customs cannot be applied because of the maxim nullum crimen nulla poena sine lege (There is neither crime nor punishment, without a law).

Exceptions:

• There is an express declaration;
• There is a clear, necessary and irreconcilable conflict; or
• The subsequent general law covers the whole subject and is clearly intended to replace the special law on the matter.