Tanada v.

Tuvera GR L-63915, 29 December 1986 (146 SCRA 446)

Facts: On 24 April 1985, the Court affirmed the necessity for the publication to the Official Gazette all unpublished presidential issuances which are of general application, and unless so published, they shall have no binding force and effect. Decision was concurred only by 3 judges. Petitioners move for reconsideration / clarification of the decision on various questions. Solicitor General avers that the motion is a request for advisory opinion. February Revolution took place, which subsequently required the new Solicitor General to file a rejoinder on the issue (under Rule 3, Section 18 of the Rules of Court). Issue: Whether publication is still required in light of the clause ³unless otherwise provided´. Held: The clause ³unless it is otherwise provided,´ in Article 2 of the Civil Code, refers to the date of effectivity and not to the requirement of publication itself, which cannot in any event be omitted. This clause does not mean that the legislature may make the law effective immediately upon approval, or on any other date, without its previous publication. The legislature may in its discretion provide that the usual fifteen-day period shall be shortened or extended. Publication requirements applies to (1) all statutes, including those of local application and private laws; (2) presidential decrees and executive orders promulgated by the President in the exercise of legislative powers whenever the same are validly delegated by the legislature or directly conferred by the Constitution; (3) Administrative rules and regulations for the purpose of enforcing or implementing existing law pursuant also to a valid delegation; (4) Charter of a city notwithstanding that it applies to only a portion of the national territory and directly affects only the inhabitants of that place; (5) Monetary Board circulars to ³fill in the details´ of the Central Bank Act which that body is supposed to enforce. Further, publication must be in full or it is no publication at all since its purpose is to inform the public of the contents of the laws. Reasoning: The Supreme Court declared that all laws as above defined shall immediately upon their approval, or as soon thereafter as possible, be published in full in the Official Gazette, to become effective only after 15 days from their publication, or on another date specified by the legislature, in accordance with Article 2 of the Civil Code.

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