A custom must be proved as a fact, according to the rules of evidence. Customs which are contrary to law, public order or public policy shall not be countenanced. In case of doubt in the interpretation or application of laws, it is presumed that the lawmaking body intended right and justice to prevail. No judge or court shall decline to render judgment by reason of the silence, obscurity or insufficiency of the laws. Judicial decisions applying or interpreting the laws or the Constitution shall form part of the legal system of the Philippines. When the courts declare a law to be inconsistent with the Constitution, the former shall be void and the latter shall govern.Īdministrative or executive acts, orders and regulations shall be valid only when they are not contrary to the laws or the Constitution. Laws are repealed only by subsequent ones, and their violation or non-observance shall not be excused by disuse, or custom or practice to the contrary. Rights may be waived, unless the waiver is contrary to law, public order, public policy, morals, or good customs, or prejudicial to a third person with a right recognized by law.
Acts executed against the provisions of mandatory or prohibitory laws shall be void, except when the law itself authorizes their validity.
Laws shall have no retroactive effect, unless the contrary is provided. Ignorance of the law excuses no one from compliance therewith. Laws shall take effect after fifteen days following the completion of their publication either in the Official Gazette or in a newspaper of general circulation in the Philippines, unless it is otherwise provided.ĪRTICLE 3. This Act shall be known as the “Civil Code of the Philippines.” (n)ĪRTICLE 2. AN ACT TO ORDAIN AND INSTITUTE THE CIVIL CODE OF THE PHILIPPINESĪRTICLE 1.