Suppose the Congress had approved a bill that punishes the use of the Internet with life imprisonment. This particular bill was then signed into law by the president on August 8, 2020. Assume that the law does not violate the Constitution and is valid in every regard. On the same day, Kyle, being a Shawn Mendes fan, decides to go online to look for tickets to his idol’s latest concert. Can the police arrest Kyle and make him spend the rest of his life in prison, dooming him forever to a boring Internet-less existence? When is a law considered enforceable in the Philippines? Can you be prosecuted for a law you did not know existed?
When it comes to the effectivity of laws in the Philippines, the main governing provision is Article 2 of the Civil Code as amended by Executive Order No. 200. According to Article 2,
Laws shall take effect after fifteen days following the completion of their publication in the Official Gazette, unless it is otherwise provided.
This has been amended by EO 200 to include the publication of laws not only in the Official Gazette but also in a newspaper of general circulation in the Philippines. This is because the Official Gazette tends to be released erratically and has limited readership.
Given Article 2 and EO 200, it is thus important that laws have to be completely published first before it can take effect and be enforced. This is especially important to those laws that are penal in nature, meaning those that entail punishment if not followed. This makes sense because it would be unfair if the government would punish the citizens for violating something they did not even know was prohibited in the first place.
The phrase unless it is otherwise provided appears in Article 2. Does this mean a law can expressly state that it should be enforced immediately without the publication that would inform the people about its provisions? It depends. This phrase refers to the number of days after publication of the law, not the publication itself. For example, if the law expressly states that it shall take effect 10 days after the complete publication in either the Official Gazette or a newspaper of general circulation in the Philippines, then that should be followed. The fifteen-day rule is applicable only to those laws that do not expressly provide the date of effectivity. EO 200, for example, states in Section 3 that it shall take effect immediately after its publication in the Official Gazette. Thus, there is no need to wait for fifteen days before it can be effective. However, there are laws that can expressly state that they can be effective immediately upon approval. This means that it is not necessary for the law to be published, but a condition must be met: the law must not be punitive in character. If it entails punishment, publication is required.
Do all laws need to be published? Generally, all statutes, including local and private laws, should be published. However, those that are merely internal in nature do not need publication for them to be effective. Another example includes letters of instructions that provide the guidelines for the subordinates in an administrative agency.
To summarize, a law becomes effective
1. On the date it expressly provides
or if no such date is provided,
2. 15 days following the completion of its publication in the Official Gazette or in a newspaper of general circulation in the Philippines
The publication step is necessary in all punitive laws because it would prejudice the people if they are made to answer for something they did not know was illegal in the first place. However, suppose a person is not aware of the existence of a law that has been in effect for years. Is it a valid excuse for him not to be convicted? Article 3 of the Civil Code violently shakes its head in answer. It states
Ignorance of the law excuses no one from compliance therewith.
This is shown in the Latin maxim Ignorantia legis non excusat, which has basically the same meaning as the provision in Article 3. Just because a person has not seen the published law or has no knowledge of it does not excuse him from the punishment. This is for obvious reasons. What if Mr. X wanted to kill Mr. Y and during trial, his defense was that he did not know that there was a law against killing people because he has not read it in the Official Gazette or in any newspaper? Who was to say he had really not read it? This system just spells disaster. According the famous case of Tañada v. Tuvera, that every person knows the law is a conclusive presumption. Thus, as long as the lawmaking body complied with the publication requirement, the law can be enforced on anyone under the Philippine jurisdiction whether or not the accused has knowledge of the law.
Going back to our example above, the Shawn Mendes fan cannot be legally prosecuted for searching for tickets online since the law was punitive in character. It cannot be effective immediately without prior publication. However, once it takes effect, he can be legally arrested for going online. I suggest that meanwhile, he make the most of his Internet time by booking all tickets in advance and downloading all of Shawn’s albums. I highly recommend listening to “Mercy” and “In My Blood.” Those are my favorites.
It's a Ping Thing 