Taada vs Tuvera

G.R. No. L-63915 April 24, 1985

Facts: A writ of Mandamus was seek by petitioner Lorenzo Taada against Hon. Juan Tuvera to compel the latter to publish in the official gazette various general orders, presidential decrees, letters of instructions, proclamations, executive orders, letter of implementation, and administrative order before it become effective, valid, and eforceable. This action has been commenced by the petitioner in view of section 6, Article IV of the 1973 Constitution which has been incorporated in Article 2 of the New Civil Code. The respondents contention is that as the author of the subject laws, they provide for the date of its effectivity that makes the publication unneccessary. The legal capacity of the petitioners has been questioned by the Solicitor General, it was alleged that they lack the personality and that they are not directly prejudiced by the subject issue but the Supreme court recognized that it is a public right, therefore the petitioners needed not to show any specific interest for the petition. Issue: Whether or not the publication of the said laws needs publication. Held: Yes. It is indicated in Article 2 of the New Civil Code that Laws shall take effect after fifteen days following the completion of their publication either in the official gazzette, or in a newspaper of general circulation in the Philippines, unless it is otherwise provided. Even though there are laws that has a specific date of effectivity, there are laws that do not provide for one, that the publication is the determining date for its effectivity. The clause unless it is otherwise provided refers to the date of effectivity and not the publication which makes the publication of all laws mandatory. The objective of the legislative in setting this provision is to inform the public about the laws being passed that is in line with the clause ignorance of the law excuses no one. If one party being sued because of a particular law does not know the law, it would impair his rights. Also, there are laws which are made by their nature to be published such as presidential decrees. WHEREFORE, the Court hereby orders respondents to publish in the Official Gazette all unpublished presidential issuances which are of general application, and unless so published, they shall have no binding force and effect.