TAADA V.

TUVERA
No. L-63915136 SCRA 27 (April 24, 1985)
Facts:
In procuring the enforcement of public duty, a petition was sought by Taada, Sarmiento, and
Movement of Attorneys for Brotherhood Integrity and Nationalism, Inc (MABINI) seeking a writ of
mandamus to compel respondent public officials to publish, and or cause the publication in the
Official Gazette of various presidential decrees, letters of instructions, general orders,
proclamations, executive orders, letter of implementation and administrative orders. There is a
need for Publication of Laws to strengthen its binding force and effect: giving access to legislative
records, giving awareness to the public of the law promulgated. The Official Gazette, however,
does not contain publications of administrative and executive orders that affect only a
particular class of persons. The Official Gazette, as mandated by law, presents all presidential
issuances of a public nature or of general applicability. Also, Article 2 of the Civil Code expressly
recognized that the rule as to laws takes effect after 15 days unless it is otherwise (for some do
specify the date of effectivity) following the completion of the publication in the Official Gazette.
However, the decree has been misread by many; for it has no juridical force, but a mere legislative
enactment of RA 386.
Issue:
WON to provide publications of the law elsewhere, aside from the Official Gazette, as it
would be essential to the effectivity of the said legislative or executive act that regulates the acts
and conduct of people as citizens.
Held:
Respondents were granted petition to publish all unpublished issuances in the Official Gazette,
serving as a response to the maxim ignorance as an excuse for noncompliance. The effectivity
of laws shall follow the notice to parties concerned, for such is a public right. There will be no
retroactive effect for laws with dates which applied the 15-day rule of publication in the Official
Gazette.
______________________________________________________________________________
TAADA V. TUVERA
136 scra 27
Publication Presidential Proclamations

Facts:

Invoking the peoples right to be informed on matters of public concerns as

well as the principle that laws to be valid and enforceable they must
be published in the Official Gazette or otherwise effectively promulgated,
Taada et al seek a writ of mandamus to compel Tuvera to publish and/or to
cause the publication in the Official Gazette of various PresidentialDecrees
(PDs),
Letters
of Instructions(LOIs),
Proclamations(PPs),
Executive
Orders(EOs), and Administrative Orders(AOs).

ISSUE:

Whether or not the various PDs et al must be published before they shall
take effect.

HELD:

The Supreme Court held that the fact that a PD or LOI states
its date of effectivity does
not
preclude
their
publication
in
the Official Gazette as they constitute important legislative acts, particularly
in the present case where the president may on his own issue laws. The clear
objective of this provision is to give the public general adequate notice of the
various laws which are to regulate their actions and conduct. Without such
notice and publication, there would be no basis for the application of the
maxim ignorantia legis non excusat. Publication is indispensable.