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1 | P a g e F i r s t E x a m f o r P e r s o n s a n d Fa mi l y R e l a t i o n s A r t i c l e 1

5 1 b y A t t y. V i n c e n t J u a n
Republic Act No. 386
An Act to Ordain and Institute the Civil Code of
the Philippines
Published August 30 !"#" $ %oo& effect August
30 !"'0
Article !. %his Act shall be &no(n as the Civil
Code of the Philippines.
Article ). *a(s shall ta&e effect after fifteen
da+s follo(ing the co,pletion of their
publication in the Official -a.ette or in a
ne(spaper of general circulation in the
Philippines/as a,ended b+ 0O )00 1 provided
either of the t(o (ill be chosen2 unless it is
other(ise provided. %his Code shall ta&e effect
one +ear after such publication.
Laws need publication:
1. All statutes including local application and private
laws
2. Central Bank Circular has the force and effect
of law
3. !ecutive "rder punitive in character
#o not $e%uire &ublication:
'nternal 'nstructions of Ad(inistrative Agencies
)unicipal "rdinances covered b* $A +1,- or L.C
of 1++1
3nless Other(ise Provided refers to the date of
effectivit* of laws and not to the re%uire(ent of
publication.
%ANA4A 56 %350RA 40C0780R )" !"86
Publication is indispensable / (eaning 0" LA1
CA0 BC") '))#'A2L3 44C2'5 6&"0
A&&$"5AL 1'27"62 &6BL'CA2'"0.
2herefore8 &ublication (ust be in full or it is no
publication at all since its purpose is to infor( the
public of the contents of the laws.
40 RO9 56 CA :AN3AR9 )" !"88
&etitioners contend that the rule enunciated in the
;abula+as 4ecision should not be (ade appl* to
the( because of non/publication of such decision.
2here is no law re%uiring the publication of
9upre(e Court #ecisions in the "fficial .a:ette
before can be binding and as condition to their
beco(ing effective.
Article 3. Ignorance of the *a( e<cuses no one
fro, co,pliance there(ith. /Purpose of it is for
N0C066I%9 and 0=P04I0NC9 2
2he rule applies to all do(estic laws whether penal
or civil and whether substantive or procedural.
Ignorance of *a( Ignorance of >act
;1ant knowledge or
ac%uaintance with laws
of land appl* to act8
relation8 dut*8 or (atter
under consideration<
;#oes not appl* to
4oreign Laws because
courts in the &hils do not
take =udicial notice of
foreign laws.
;1ant knowledge of
so(e fact>s constituting
or relating to the
sub=ect (atter in hand.
't e!cuses or is a
ground of relief.
;Appl* to foreign laws
CONC0P% O> PROC0663A* PR0637P%ION
A foreign law is a matter of fact which must be
proven with evidence. 'n the absence of an*
contrar* evidence8 it is presu(ed to be the sa(e
with our do(estic laws. '4 4"$'.0 LA1 '9 0"2
&$"50 A9 A 4AC28 '2 '9 &$96)# 27A2
27'$ LA1 '9 27 9A) 1'27 "6$ LA19.
7AN?ANO 56 6ANC;0? 7AR.8 )00!
2he respondent =udge cannot den* knowledge of
)an:ano?s and &a*ao?s subsisting previous
(arriage.
$espondent @udge 9anche: de(onstrated gross
ignorance of the law when he sole(ni:ed a void
and biga(ous (arriage.
IN R0@ 704A4O 8.7. 60P% )# )0!3

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