94 Phil 778 / Preliminary Title
Publication – Civil Code
Lara et al were former taxi drivers of the defendant. When the latter sold some of his vehicles, the plaintiffs who were no longer needed were dismissed. Because their employer did not give them their one month’s salary in lieu of the notice required in Article 302 of the Code of Commerce, this action was instituted.
ISSUE: Whether or not the New Civil Code took effect on August 30, 1949.
HELD: In this case, the Supreme Court in an obiter dictum held that the new Civil Code of the Philippines took effect on August 30, 1950. This date is exactly one year after the Official Gazette publishing the Code was released for circulation, the said release having been made on August 30, 1949. The plaintiffs then are not entitled to any compensation, the New Civil Code having repealed the Code of Commerce.
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[...] MANUEL LARA, ET AL vs PETRONILO DEL ROSARIO, JR 5 11 2010 Read digest here. [...]
If I'm not mistaken, the issue should be " Whether or not the new Civil Code is applicable to the petitioners". By the way thank you for this case digest.