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When the courts declared a law to be inconsistent with the Constitution, the former shall be void and the latter shall govern. marriage solemnized by a person without legal authority) voidable contracts where consent is vitiated) 7 ex. Laws that impair obligation of contracts 4 Art. Tax laws Exceptions to the exceptions: 1.
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Their violation or non-observance shall not be excused by disuse, custom or practice to the contraryĢ. Repeal of Laws Laws are repealed only by subsequent ones, either expressly or impliedly. prejudicial to a third person with a right recognized by law. If the waiver is contrary to law, public order, public policy, morals, or good customs, or 2. When the law makes the act valid but punishes the violator7 E. When the law makes the act only voidable and not void6 3. When the law itself authorized its validity5 2. Mandatory or Prohibitory Laws GENERAL RULE:Īcts which are contrary to mandatory or prohibitory laws are void.4 EXCEPTIONS:ġ. 4 Exceptions: 1.Unless the law otherwise providesĭ. 3 which provides: "Mistake upon a doubtful or difficult question of law may be the basis of good faith." 3 Art. Difficult Question of Law.-In specific instances provided by law, mistake as to difficult legal questions has been given the same effect as a mistake of fact, e.g., Art. Ignorance of fact (ignorantiafacti) may excuse a party from the legal consequences of his conduct but not ignorance of law, for ignorantiajurisneminemexcusat. Mistake of Fact.-Ignorance may either be of law or of fact. Ignorance of a foreign law will not be a mistake of law but a mistake of fact. Even our courts cannot take judicial notice of them. There is no conclusive presumption of knowledge of foreign laws.
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CA) What Laws Covered.-Philippine laws are covered. 3 Considered a conclusive presumption and applies only to mandatory and prohibitory laws.
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Angeles) Publication must be in full or it is no publication at all since its purpose is to inform the public of the contents of the laws. The publication must be in full since its purpose is to inform the public of the contents of the law. Tuvera) Administrative rules and regulations must also be published if their purpose is to enforce or implement existing laws pursuant to a valid delegation. 2 This refers to the 15 day period and NOT to the requirement of publication. Retroactivity of Laws Laws shall have no retroactive effect, unless the contrary is provided.3 1Īrt. Ignorance of the Law Ignorance of the law excuses no one from compliance therewith2. Laws take effect 15 days following the completion of its publication in the Official Gazette, or in a newspaper of general circulation.
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Effect and Application of Laws – New Civil Code A.