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

Question

Subject: Effect and Application of Laws

A. When Law Takes Effect, Publication (Civil Code, Art. 2)

Scenario:

Mark, a legislator, proposed a bill that aims to impose stricter penalties for environmental violations. The bill was duly passed by both houses of Congress and was subsequently signed into law by the President. However, there was a delay in the publication of the law in the official gazette. During the said period of delay, several individuals were charged and convicted under the previous environmental laws with lesser penalties.

Question:

  1. Is the law already in effect even before its publication in the official gazette? Explain.
  2. Can the individuals who were charged and convicted during the period of delay claim that the new law should not be applied to them? Why or why not?



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Bar Review Question: Subject: Effect and Application of Laws A. When Law Takes Effect, Publication (Civil Code, Art. 2)