Effectivity of Laws

CIVIL LAW QUESTION 1990

After a devastating storm causing widespread destruction in four Central Luzon provinces, the executive and legislative branches of the government agreed to enact a special law appropriating P1 billion for purposes of relief and rehabilitation for the provinces. In view of the urgent nature of the legislative enactment, it is provided in its effectivity clause that it shall take effect upon approval and after completion of publication in the Official Gazette and a newspaper of general circulation in the Philippines. The law was passed by the Congress on July 1, 1990. Signed into law by the President on July 3, 1990, and published in such newspaper of general circulation on July 7, 1990 and in the Official Gazette on July 10, 1990.

(a) As to the publication of said legislative enactment, is there sufficient observance or compliance with the requirements for a valid publication? Explain your answer.

(b)  When did the law take effect? Explain your answer.

(c)  Can the executive branch start releasing and disbursing funds appropriated by the said law the day following its approval? Explain your answer.

SUGGESTED ANSWER:

 (a) Yes, there is sufficient compliance.  The law itself prescribes the requisites of publication for its effectivity, and all requisites have been complied with. (Article 2, Civil Code)

(b) The law takes effect upon compliance with all the conditions for effectivity, and the last condition was complied with on July 10, 1990.  Hence, the" law became effective on that date.

(c)   No. It was not yet effective when it was approved by Congress on July 1, 1990 and approved by the President on July 3, 1990. The other requisites for its effectivity were not yet complete at the time.