Political Science 21
Module I
Lesson 3. CLASSIFICATION, APPLICABILITY AND EFFECTIVITY
OF LAWS
Lesson Objectives:
After studying this lesson on classification, applicability and effectivity
of laws, the student should be able to:
1. differentiate between substantive and adjective law;
2. define public law and private law;
3. describe when a law becomes effective.
Classification of Laws
There are many ways of classifying laws, but for our purpose,
it shall be enough to group them into two general classes, firstly, as
to their nature and purpose, and secondly, as to the character of
the relations governed.
As to their nature and purpose, laws may be either substantive
and adjective. Substantive law prescribes the rules of conduct defining
the rights and duties of all who are subject to the law. Adjective
law, also known as procedural or remedial law, refers to those
rules prescribing the manner by which substantive rights are to
be enforced or their violation redressed. That an illegitimate child
is entitled to support from its parents is a substantive law; how
such right is to be enforced is provided by adjective law.
Substantive law is useless without adjective law and vice versa.
As to the character of the relations affected by it, law is either
public or private. Public law is concerned with the rights of the
state as an entity representing the organized community, while private
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law regulates the relations of persons with one another. Laws defining
and punishing crimes are examples of public laws, while those pertaining
to contracts illustrates private law.
A law falling under either classification may also be mandatory
or merely directory. It is mandatory if it commands such that any
act done in violation of its provisions can be declared null and
void. The law is merely directory if it prescribes the manner by
which an act is to be performed but does not necessarily render
it void if not done in accordance with its provisions. The distinction
oftentimes loses in the use of "must" or "shall" which are expressions
of command, and "may" which is permissive.
Effectivity of Laws
If the law provides its own date of effectivity, it shall take
effect on such date. If it does not do so, the law shall take effect
after 15 days following its publication in the Official Gazette. The date
of issue of the Official Gazette is considered the date of its publication
for purposes of reckoning the date of effectivity of a law. Thus, if
a piece of legislation specifies, as most laws do, that it "shall take
effect upon its approval" and is published in the March 10, 1991
issue of the Gazette, it shall take effect on March 26, 1991. The
Official Gazette is an official publication of the government of the
Republic of the Philippines, and publication in it constitutes notice to
the general public or the whole world, as it were.
Applicability of the Law
Philippine laws apply to persons, things or matters, depending upon
certain factors, like citizenship or status of a person or kind or location
of a thing.
As a rule, criminal or penal laws and those affecting public security
and safety are obligatory upon all persons who live or sojourn in
Philippine territory. Exception to this rule are cases where certain resident
aliens are not subject to local jurisdiction under international law
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or treaty stipulations. Example of the former are foreign sovereigns
and diplomatic officials, and offenses committed in a foreign military
craft. Under the RP-US Military Base Agreement, American military
personnel, under certain conditions, are likewise exempted from the
jurisdiction of the local courts for offenses committed inside the military
bases.
Philippine laws relating to family rights and duties, or to the status,
condition and legal capacity of persons are binding upon citizens of
the Philippines even though they may be living abroad. This pertains
specifically to questions regarding marriage, legal separation, conjugal
property relations, support among family members, and practically every
question about marriage and family relations.
With respect to property, the general rule is that property, whether
real or personal, is subject to the law of the country where
it is situated.
Contracts are subject to the jurisdiction of the court of the
place where they were executed.
(SEE NO. 3 OF "INSTRUCTIONS TO THE STUDENT")
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Political Science 21
Module I
Lesson 3
SELF-PROGRESS CHECK TEST
On the blank before each number, write the proper word or
words to make each item a complete and correct statement.
____________ 1. Laws are generally classified into _____ law, which
____________ 2. defines a person's rights, and ______, which
prescribes the manner by which such rights are
enforced.
____________ 3. Laws are also classified into ______ law, if it
____________ 4. concerns the right of the state as an entity
in itself, and ______ law, if it is designed to
regulate the rights of persons with one another.
____________ 5. If the law asserts a command, such that
____________ 6. it renders void any act violative of its
provisions, it is a ______ law, otherwise, it is
classified as a ______ law.
____________ 7. Laws generally become effective _____ days following
____________ 8. its publication in the ______.
____________ 9. With respect to applicability, ______ laws are
____________ 10. enforceable against everyone within Philippine
jurisdiction, subject only to international law and
treaty stipulations, while laws pertaining to ______
are binding upon Filipino citizens even though
living abroad.
(SEE NO. 4 OF "INSTRUCTIONS TO THE STUDENT")
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