Art. 2. 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. (new Civil Code of the Philippines)
General Rule: "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."
Exception: "unless it is otherwise provided."
Mock Case:
A certain kind of restriction was imposed, banning Filipino (local) Players in a certain type of casino located within Casiguran Economic Zone. The law intends only foreign players to play inside the said casino. However, in the advent of modern day access to information, the said law was published but only in the Internet so that the publication will reach not only the Filipino citizens but foreign nationals as well. The law became very popular in the Internet as different modes of communications and media were used, including the popular YouTube which has generated millions of viewers worldwide.
Hence, after thirty days upon publication to the Internet, the law is imposed.
Charlie Atong , a Philippine National went inside the casino and played therein. He was arrested by the head of security, Atong Charlie. Charlie Atong contented that he was not aware that a law exists banning Filipino citizens from playing therein. Charlie Atong managed to get inside the casino because Charlie Atong looked like a Chinese. Charlie Atong blamed the security who should have asked him whether or not he is a Filipino. The head of security, Atong Charlie, contended that (1) a big sign warning local players from entering the gambling place is posted at the entrance and Atong Charlie further cited Article 3 of the new Civil Code of the Philippines saying that "ignorance of the law excuses no one from compliance therewith." Head of Security Atong Charlie went further ahead in latin "ignorantia legis non excusat."
Argue the case.
Who are the parties involved? Charlie Atong, a Filipino National and the Head of Security Atong Charlie
What is the issue: Whether or not there is compliance to Article 2 of the new Civil Code of the Philippines.
Argument:
The arrest of Charlie Atong is not proper.
The new Civil Code of the Philippines requires that "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."
Charlie Atong was arrested based on the supposed new law that restricts local (Filipino) players from playing in the Casino. But since the publication requirement was not strictly complied with in accordance with Article 2 of the new Civil Code of the Philippines, the new law is considered not in effect. Publication in the Internet is not considered compliance with Article 2 of the new Civil Code of the Philippines. the enumeration (publication either in the Official Gazette or in a newspaper of general circulation in the Philippines) is exclusive.
Hence, Charlie Atong's arrest based on an invalid law is likewise invalid.
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