GR 63915

APRIL 24 1985

TANADA v TUVERA

ESCOLIN, J.

FACTS:

INVOKING THE PEOPLE’S RIGHT TO BE INFORMED OF THE LAWS

ASWELL AS THE PRINCIPLE FOR LAWS TO BE ENFORCIBLE MUST BE
PUBLISHED IN THE OFFICIAL GAZETTE, A WRIT OF MANDAMUS WAS FILED FOR
THE PUBLISHING OF A NUMBER OF PRESIDENTIAL DECREES, LETTERS OF
INSTRUCTIONS, GENERAL ORDERS, PROCLAMATIONS, EXECUTIVE ORDERS,
LETTER OF IMPLEMENTATION AND ADMINISTRATIVE ORDERS.

ISSUE:

DO THE PETITIONERS HAVE A LEGAL PERSONALITY FOR THE WRIT OF

MANDAMUS AND ARE THE LAWS REQUIRED TO BE PUBLISHED IN THE
OFFICICAL GAZETTE FOR THEM TO TAKE EFFECT.

HELD:

YES SINCE THE ISSUE OF THE PDs LIs GOs AFFECT THE GENERAL
PUBLIC IN THEIR ENFORCEMENT, IT IS OF PUBLIC CONCERN. AS FOR THE
EFFECT OF THE LAWS, IT IS PROVIDED IN SECTION 2 OF THE CIVIL CODE THAT
FOR THE LAWS TO TAKE EFFECT, THEY MUST BE PUBLISHED IN THE OFFICIAL
GAZETTE AND THAT THE SAME WILL BE ENFORCIBLE AFTER A 15 DAY PERIOD
UNLESS OTHERWISE PROVIDED. THIS DOES NOT PRECLUDE THE PUBLISHING
OF THE LAWS IN THE OFFICIAL GAZETTE. SECTION 1 OF THE COMMONWEALTH
ACT 683 MANDATES THE PUBLISHING OF SAID LAWS.