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Discussion and Explanation:
This article provides for the affectivity of two kinds of law namely:
*an ordinary law
*the civil code
When a country is placed under martial law making authority is ordinary vested in the chief executive or president.
(a) General Order
(b)Presidential Decrees circulation.
(c)Letters of Instruction or Letter of Implementation
(d)Proclamations
When no Publication Is Needed
Where a law provides for its own affectivity, such as, for example January 3,1968; or” upon approval”, publication in the Official Gazette is not necessary so long as it is not punitive in character. If a law is signed on the last hour of June 16, and the law itself says it become effective upon approval.
When Publication Is needed
Unless otherwise provided, laws shall take effect after 15 days following the completion of the publication in the Official Gazette or in a newspaper of general circulation.
(1)Rule Applicable to Certain Circulars but not to All
The rule relating to the effectivity of a law applies to a Central Bank inasmuch as the latter, having been issued for the implementation of the law authorizing its issuance, has the force and effect of the law, according to settled jurisprudence. The fact that the circular is PUNITIVE in character is the principal reason why publication should made. The regulations implementing the Minimum Wage Law issued by the Chief of the Wage Administration Service cannot be given punitive effect unless published in the official Gazette.
However, circular which are mere statement of general policy as to how the law should be construed do NOT need presidential approval and publication in the Official Gazette for their effectivity.
(2)Rule applied to Executive Orders and Administrative Rules
(a) Must conform to standards of the law.
(b) Administrative Rules have force the law.
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