Art. 2 of the New Civil Code, as amended by EO 200

 

ART. 2, NCC; EFFECTIVITY OF LAWS;

 

General Rule:

·        Laws shall take effect  after 15 days

·        following the completion of their publication either in the

o   in the Official Gazette, or

o in a newspaper of general circulation in the Philippines, 

Exception:

·    unless it is otherwise provided. (Solely refers to the 15-day period and not to the req. of publication.

 

Publication under EO 292 (Administrative Code)

Sec. 18. When Laws Take Effect. [[1]]

Laws shall take effect after fifteen (15) days following the completion of their publication in the Official Gazette or in a newspaper of general circulation, unless it is otherwise provided.

 

Sec. 24. Contents. [[2]]

There shall be published in the Official Gazette all legislative acts and resolutions of a public nature; all executive and administrative issuances of general application; decisions or abstracts of decisions of the Supreme Court and the Court of Appeals, or other courts of similar rank, as may be deemed by the said courts of sufficient importance to be so published; such documents or classes of documents as may be required so to be published by law; and such documents or classes of documents as the President shall determine from time to time to have general application or which he may authorize so to be published.

 

The publication of any law, resolution or other official documents in the Official Gazette shall be prima facie evidence of its authority.

 

Sec. 25. Editing and Publications. [[3]]

The Official Gazette shall be edited in the Office of the President and published weekly in Pilipino or in the English language. It shall be sold and distributed by the National Printing Office which shall promptly mail copies thereof to subscribers free of postage.

 

Scope or Art. 2, NCC as amended by EO 200; Tanada v. Tuvera (click me);

 

1.     All statutes of local application

2.     Private laws

3.     PD

4.     EO and adminstrative rules

5. Administrative rules and regulations  if their purpose is to enforce or implement existing law pursuant also to a valid delegation.

6.  Charter of a city must be published notwithstanding that it applies to only a portion of the national territory and directly affects only the inhabitants of that place.

7.  Circulars issued by the monetary board must be published if they are meant not merely to interpret but to "fill in the details" of the Central Bank Act which that body is supposed to enforce.

 

Need not be Published:

 

(a)   Interpretative Regulations and those merely internal in nature; (click me: Tanada v. Tuvera)

(b) Letters of instruction issued by the administrative superiors concerning rules or guidance to be followed by their subordinates in the performance of their duty; (click me:id)

(c)   Municipal ordinances are covered by LGC. (click me:id)

(d)   Where a law provides for its own effectivity, e.g. upon approval, publication in the OG is not necessary so long as it is NOT PUNITIVE in character; (Askay v. Casalan, Balbuna v. Sec. of Educ.)

 

Effectivity of Ordinances or Resolutions under LGC; RA 7160

 

Section 59. Effectivity of Ordinances or Resolutions. –

 

(a)   Unless otherwise stated in the ordinance or the resolution approving the local development plan and public investment program, the same shall take effect after ten (10) days from the date a copy thereof is posted in a bulletin board at the entrance of the provincial capitol or city, municipal, or barangay hall, as the case may be, and in at least two (2) other conspicuous places in the local government unit concerned.

 

(b) The secretary to the sanggunian concerned shall cause the posting of an ordinance or resolution in the bulletin board at the entrance of the provincial capitol and the city, municipal, or barangay hall in at least two (2) conspicuous places in the local government unit concerned not later than five (5) days after approval thereof.

 

The text of the ordinance or resolution shall be disseminated and posted in Filipino or English and in the language understood by the majority of the people in the local government unit concerned, and the secretary to the sanggunian shall record such fact in a book kept for the purpose, stating the dates of approval and posting.

 

(c)  The gist of all ordinances with penal sanctions shall be published in a newspaper of general circulation within the province where the local legislative body concerned belongs. In the absence of any newspaper of general circulation within the province, posting of such ordinances shall be made in all municipalities and cities of the province where the sanggunian of origin is situated.

 

(d) In the case of highly urbanized and independent component cities, the main features of the ordinance or resolution duly enacted or adopted shall, in addition to being posted, be published once in a local newspaper of general circulation within the city: Provided, That in the absence thereof the ordinance or resolution shall be published in any newspaper of general circulation.

 

Section 511. Posting and Publication of Ordinances with Penal Sanctions.

 

(a) Ordinances with penal sanctions shall be posted at prominent places in the provincial capitol, city, municipal or barangay hall, as the case may be, for a minimum period of three (3) consecutive weeks. Such ordinances shall also be published in a newspaper of general circulation, where available, within the territorial jurisdiction of the local government unit concerned, except in the case of barangay ordinances. Unless otherwise provided therein, said ordinances shall take effect on the day following its publication, or at the end of the period of posting, whichever occurs later.

 

(b) Any public officer or employee who violates an ordinance may be meted administrative disciplinary action, without prejudice to the filing of the appropriate civil or criminal action.

(c)  The secretary to the sanggunian concerned shall transmit official copies of such ordinances to the chief executive officer of the Office Gazette within seven (7) days following the approval of the said ordinance for publication purposes. The Official Gazette may publish ordinances with penal sanctions for archival and reference purposes.

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[1] Chapter 5, Book 1 of EO 292; Operation and Effect of Laws

[2] Chapter 6, Book 1 of EO 292; Official Gazette

[3] Chapter 6, Book 1 of EO 292; Official Gazette