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All ▸ Bar 2024 ▸ CIVIL LAW ▸ I. EFFECT AND APPLICATION OF LAWS ▸ F. Repeal of Laws (Civil Code, Art. 7)

Question

EFFECT AND APPLICATION OF LAWS: Repeal of Laws (Civil Code, Art. 7)

In 2021, the Philippine Congress enacted Republic Act No. 1234, which criminalized the possession and sale of a certain type of substance. However, in 2022, the Supreme Court declared Republic Act No. 1234 unconstitutional for violating the right to due process. In response, the Congress swiftly passed Republic Act No. 5678, which repealed Republic Act No. 1234 and removed the criminalization of the substance.

Considering the scenario above, answer the following questions:

  1. What is the effect of the Supreme Court's declaration of unconstitutionality on Republic Act No. 1234? Explain.
  2. Discuss the application of the principle of repeal of laws under Article 7 of the Civil Code in the given scenario.
  3. Can the Congress rightfully repeal an unconstitutional law? Explain.


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Bar Review Question: EFFECT AND APPLICATION OF LAWS: Repeal of Laws (Civil Code, Art. 7) In 2021, the Philippine Congre