Tañada, L. M. et al vs. Hon. J.C.

Tuvera et al
G.R. No. L-63915
April 24, 1985
En Banc

Facts:

Petitioners asked for the issuance of the Writ of mandamus to compel the respondents to publish
in the Official Gazette the unpublished Executive Issuances such as; Presidential Decrees,
Proclamations, Executive Orders, general orders, letters of implementation, and administrative
orders. In defense, respondents stated that the petitioners have no legal personality in the case
citing sec. 3 of rule 65 of the Rules of Court which lays-out the requirement for filing for a Writ of
Mandamus. Petitioners contended that the issue touches the public and thereby does not require
any special circumstance to institute an action. On the other hand, respondents stated that
publication of the mentioned issuances is not a sine qua non requirement as the Law provides its
own affectivity date as stated in Art. 2 of the Civil Code.

Issue:

Whether or not publication affects the validity of the Executive Issuances.

Ruling:

The Supreme Court in its decision, ordered the respondents to publish the Executive Issuances
of general application, and further stated that failure for publication would render the Issuances
no binding force and effect.
It was explained that such publication is essential as it gives basis to the legal maxim known as
ignorantia legis non excusat. Thus, failure to publish would make create injustice as would it would
punish the citizen for transgression of the law which he had no notice.
The court declared that Presidential issuances with general application without publication would
be inoperative and null and void. However, some justices in their concurring opinions made a
qualification stating that publication is not an absolute requirement for the publication. As Justice
Fernando stated that, publication is needed but it must not only confined in the Official Gazette
because it would make those other laws not published in the Official Gazette bereft of any binding
force or effect.