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AllBar 2024CIVIL LAWI. EFFECT AND APPLICATION OF LAWSA. When Law Takes Effect, Publication (Civil Code, Art. 2)

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EFFECT AND APPLICATION OF LAWS: When Law Takes Effect, Publication (Civil Code, Art. 2)

1. A proposed law has been passed by the Philippine Congress and signed by the President. It is now awaiting publication in the Official Gazette before it can take effect. However, due to a technical error, the publication was delayed. Meanwhile, a citizen filed a case before a local court challenging the constitutionality of the said law. Can the court proceed with the case despite the non-publication of the law? Discuss the effect of publication in relation to the effectiveness and enforceability of laws.

2. XYZ Corporation is a large conglomerate engaged in various industries. The company recently implemented a new policy that significantly affects the rights and benefits of its employees. The policy was not formally communicated or published to the employees. As a result, the employees are not aware of the changes and continue to operate under the old policies. One of the employees, upon learning about the changes, filed a complaint with the labor board arguing that the new policy is invalid because it has not been published. Determine if the employee's argument is valid and discuss the importance of publication in relation to the effectiveness of laws.

3. In order to lessen air pollution, the Environmental Protection Agency (EPA) issued a new regulation requiring all vehicles to undergo emission testing every year. The regulation was published in major national newspapers and took effect 15 days after publication. However, a group of car owners who were not aware of the new regulation continue to drive their vehicles without undergoing emission testing. Can these car owners be held liable for violation of the regulation? Explain the concept of publication and its role in the enforceability of laws.




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