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Sanchez Roman Digest on Art 2. NCC

Tanada vs. Tuvera
146 SCRA 447

Facts:
Due process was invoked by the petitioners in demanding the disclosure of a number of
presidential decrees which they claimed had not been published as required by law
Government argued that publication was not necessary, when it was otherwise provided
as the decrees declared that they become effective upon approval
In a decision on this case on April 24, 1985 the court affirmed the necessity for the
publication of some of these decrees. The court ruled: orders respondents to publish in
the official Gazette all unpublished P.D’s which are general in application and unless
published they will not have binding force and effects.

Tuvera filed for a motion for reconsideration/clarification of the decision

Issues:
What do the clause unless otherwise provided mean?
What is meant by law of public nature or general applicability?
Must a distinction be made between laws of general application and laws which are
not?
What is meant by publication?
Where is the publication to be made?
When is the publication to be made?

Held:
Court declared all laws shall be immediately upon their approval or as soon as possible
be published in full in the O.G to become effective only after 15 days from their
publication in accordance to Art 2. of the NCC

Rationale:
In the case at bar the clause unless otherwise provided means refers to the date of the
effectivity and not to the requirement of publication itself. This clause does not mean
that the legislature may make a law effective immediately upon approval or any other
date, without its previous publication.
The prior publication of laws before they become effective cannot be dispensed with.
Laws refer not only to those of general application but also to laws of local, private laws
administrative rules city charters, central bank circulars.
Publication must be in full text or its no publication at all, prior publications of statutes for
purposes of effectivity must be made in full text in the O.G and not elsewhere.
AdDU- College of Law Iceman_Tan™

Sanchez Roman Digest on Art 2. NCC