The Philippine Laws: How Will It Take Effect?
The New Civil Code of the Philippines, or the R.A. 386, which took effect last August 30, 1950 provides for an express provision as to how the laws in the Philippines shall take effect. Art. 2 of the said law states that:
Art. 2. – Laws shall take effect after fifteen days following the
completion of their publication either in the Official Gazette,
or in any newspaper of general circulation in the Philippines,
unless it is otherwise provided. (As amended by E. O. 200)
Pursuant to this particular provision, it creates several interpretations as to the applicability of statutes promulgated by Congress. Some says that laws shall take effect on the 15th or 16th day depending on its language. If the law is silent, statutes shall take effect after 15 days following its publication because such compliance cannot be dispense with. All these are true as far as the general principle of the effectivity of the law is concern.
True enough that such publication cannot be dispense with due to its materiality. In the classic case of Tanada vs. Tuvera, the court ruled that Art. 2 of the Civil Code does not preclude the requirement of publication even if the law provides for the date of its effectivity since the clear object of the law is to give the general public adequate notice of the various laws which are to regulate their actions and conduct as citizens. Without such notice and publication, there would be no basis for the application of the maxim ”ignoratia legis non excusat” which stands for ignorance of the law excuses no one. Hence, the basic constitutional requirement of due process cannot be attained.
Over the years this issue on publication has been a constant source of debates not only to the law-making bodies but several people studying Philippine Law. With the promulgation of several laws and executive orders, interpretation with regard to the Art. 2 of the Civil Code of the Philippines had also changed. A perfect example of this is when Executive Order No. 200 was issued by the late president Corazon Aquino. The order was passed on June 18, 1987 amending Art. 2 of the Civil Code adding any newspaper of general circulation, aside from the Official Gazette, as to where statues may be publish.
With the existence of advance technology due to the call of the 21st Century, several methods of publication is being practiced by the government. Local newspapers, mass media and the World Wide Web had also been tools to inform the public for the laws promulgated, issued and passed. The government went further in creating/using http://gov.ph to provide information to the public as to their movements. Laws are also being posted in this site with the aim of information dissemination to cope with the advancement of technology. An interesting question arised in using these forms of notice to the public. If all the laws promulgated are posted in http://gov.ph alone, would it suffice the material need of publication pursuant to Art. 2 of the Civil Code, as amended by E.O. 200?
To my mind, the answer is negative. It is an elementary principle in statutory construction that plain words require no explanation. When once the meaning is plain, the wisdom and policy of the law should not be scan. In the case of Espino vs. Cleofe 52 SCRA 92, the court ruled that statutes are to be interpreted in their ordinary commonly accepted usage. The language of the law is clear and unequivocal and it should be taken to mean exactly what it says. However, these principles are not without exemption. The same court, Supreme Court of the Philippines, provides that it is also a well-settled doctrine that the court is to avoid constructing a statute in such a manner as would give rise to a constitutional doubt as enunciated in the case of Abellana vs. Marave 57 SCRA 106. Also, the case of Paras vs. Comelec 164 SCRA 49 substantially provides that too literal reading of the law should be admonish as this is apt to constrict rather than fulfill its purpose and defeat the intention of its authors. The intention is usually found not in the letter that killeth but rather in the spirit that vivifieth.
The above-mentioned question, to my mind, finds no application of the exemption of the basic principle of statutory construction. While it is true that the general principle is not absolute, Art. 2 of the Civil Code is clear, plain and unambiguous as to its wordings that only in the Official Gazette or any newspaper of general circulation will a statute may be publish to attain its effectivity. When the law does not distinguish, we should not distinguish.
True enough that the same law provides for the phrase unless otherwise provided which should also be taken into account. This phrase may be open to another interpretation that Congress may pass a law providing for the manner and where such law should be publish. But the more proper interpretation with this, as most of the scholars believe, is that such phrase refers to the date of effectivity and has nothing to do with the publication itself as the legislature may enact laws effective immediately but without dispensing the materiality of publication
Unless and until such proviso, Art 2 of the Civil Code, has been again amended to include other forms of publication that would suffice the requirement, it is the writer’s belief that what the law provides for its manner should not be disturb as it may create not only confusion to the people who are bound to the laws but also the body who created it.
