STATCON CASE NOTES – SET 3
transactions, or decisions, shall be
WHEN STATUTE BECOMES EFFECTIVE
1. TANADA v. TUVERA
2. PHILIPPINE VETERANS BANK
v. VEGA
TANADA v. TUVERA (1985)
FACTS: Petitioners file for mandamus on the
ground of due process in order to procure the
publication of several Presidential Decrees in the
Official Gazette.
STATCON ISSUE: Whether or not the phrase
“unless otherwise provided” disregards the
requirement of publication
HELD (for statcon issue): The phrase “unless
otherwise provided,” does not disregard the
requirement for publication. If publication was
dispensed there would be no basis for Article 3
of the Civil Code. Other than that, non-
publication would be violative of due process
since it deprives people of the opportunity to be
notified of newly enacted laws.
 Unless laws are published, there will no
basis for the rule that ignorance of the
law excuses no one from compliance
therewith. (Article 2, Civil Code).
- The basis that is mentioned here is
the CONSTRUCTIVE NOTICE
that the provisions of the law are
ascertainable from the public and
official repository where they are
duly published.
Section 6, Article IV (1973
Constitution) – right to be informed on
matters of public concern.
Sec. 6 - The right of the people
to information on matters of public
concern shall be recognized, access to
official records and to documents and
papers pertaining to official acts,
afforded the citizens subject to such
limitation as may be provided by law.
 At first, the Court said that the
petitioners have no legal standing to
bring about a suit.
 However, the petitioners maintained that
since the subject concerns a PUBLIC
RIGHT and its object is to compel the
performance of a PUBLIC DUTY,
they need not show any specific interest
for their petition.
General Rule: a writ of mandamus is
granted to a private individual only in cases
where the same has some private or
particular interest to be subserved, some
right to be protected, independent of that
which he holds with the public at large;
And it is for the public officers exclusively
to apply for the writ when public rights are to
be subserved (Mithchell v. Boardmen)
- However, when the question is one
of public right, and the object is to
procure public duty, the people are
regarded as the real party in
interest and the relator at whose
instigation the proceedings are
instituted need not show that he
has any legal/special interest in the
result.
Art 2 of Civil Code: Laws shall take
effect after fifteen days following the
completion of their publication in the
Official Gazette, unless it is
otherwise provided.
- However, the Court has ruled that
publication in the Official Gazette is
necessary in those cases where the
legislation does not provide for its
effectivity date.
 The date of publication is important in
determining the date of effectivity—
15th day following its publication.
 Publication gives the general public
adequate notice of the various laws
which are to regulate their actions and
conduct as citizens.
 The very first clause of Section I of
Commonwealth Act 638 reads: "There
shall be published in the Official Gazette
... ." The word "shall" used therein
imposes upon respondent officials an
imperative duty. That duty must be
enforced if the Constitutional right of the
people to be informed on matters of
public concern is to be given substance
and reality. The law itself makes a list of
what should be published in the Official
Gazette. Such listing, to our mind, leaves
respondents with no discretion
whatsoever as to what must be included
or excluded from such publication.
 Publication of all presidential issuances
"of a public nature" or "of general
applicability" is mandated by law.
- Presidential decrees that provide for
fines, forfeitures or penalties for their
violation or otherwise impose a
burden or the people, such as tax and
revenue measures, fall within this
category
- Presidential issuances which
apply only to particular persons or
class of persons such as
administrative and executive
orders need not be published on
the assumption that they have been
circularized to all concerned
parties.
Publication – part of due process. It is
a rule of law that before a person may be
bound by law, he must first be officially
and specifically informed of its contents.
In Pesigan v. Angeles:
"publication is necessary to apprise the
public of the contents of [penal]
regulations and make the said penalties
binding on the persons affected thereby.
" The cogency of this holding is
apparently recognized by respondent
officials considering the manifestation in
their comment that "the government, as a
matter of policy, refrains from
prosecuting violations of criminal laws
until the same shall have been published
in the Official Gazette or in some other
publication, even though some criminal
laws provide that they shall take effect
immediately.”
PHILIPPINES VETERANS BANK v.
VEGA
FACTS: The liquidation court was
enjoined from further pursuing the case
of the Philippine Veterans Bank due to
the enactment of R.A 7169. Despite the
presence of a legislative mandate, the
liquidation court and the respondent
judge still proceeded with the liquidation
of the PVB and argued that the said Act
became effective only on March 10, 1992
and not on its date of publication,
February 24, 1992.
STATCON ISSUE: Whether or not
R.A 7169 became effective on the date of
its approval.
HELD: As a rule, laws take effect 15
days following their publication in the
Officizal Gazette or in a newspaper of
 general circulation in the Philippines, the
legislature, however, has the authority to
provide for exceptions under the clause
unless otherwise provided. Thus, it is
clear in the case at bar that R.A 7169
became effective immediately upon its
approval. For the sake of argument, then
the same became effective on the date of
its publication in the Official Gazette.
 January 2, 1992 - R.A 7169, providing
for the rehabilitation of Philippine
Veterans Bank was enacted.
 February 24, 1992 - published in
Official Gazette.
 March 8, 1991- Petitioners moved for
the disqualification of the judge due to
bias and hostility towards the same.
 May 1992 - Central Bank issued a
certificate of authority allowing PVB to
reopen.
 Despite the legislative mandate for
rehabilitation and reopening, the
respondent judge continued with the
liquidation.
 June 8, 1992- SC issued a TRO
enjoining the trial court from further
proceeding with the case.
 Petitioners argue that the passage of R.A
7169, the liquidation court became
functus officio.
FUNCTUS OFFICIO - refers to an
officer whose mandate has expired.
The clause unless otherwise provided
refers to the date of effectivity and not the
requirement of publication itself, which
cannot be omitted.
The legislature may not make any law
effective immediately after its approval
without publication, the former’s
discretion may be found in adjusting the
period.
Without publication, there would be a
denial of public knowledge of the laws
that are supposed to govern it.
WHEN REGULATION BECOMES
EFFECTIVE
1. People v. Que Po Lay
PEOPLE v. QUE PO LAY
FACTS: Que Po Lay was found guilty for
violating Central Bank Circular No. 20 in
connection with Section 34 of R.A No. 265. He
was sentenced with six months imprisonment, a
fine of 1000, with subsidiary imprisonment IN
CASE of insolvency and to pay the costs. On
appeal he argued that Circular No. 20 was not
published on the Official Gazette prior to the act
or omission imputed to the appellant; hence it had
no force and effect. The same also contended that
Commonwealth Acts No. 638 and Acts 2930 both
require said circular to be published in the
Official Gazette.
STATCON ISSUE: Whether or not Circular
No. 20 needs to be published before it becomes
effective.
HELD: Yes. It needs to be published. Although
it is true that the said circular is not a statute nor
a law but since it is issued for the purpose of the
implementing the law authorizing its issuance,
Circular No. 20 has the force and effect of a law.
Hence, publication is necessary.
 Commonwealth Acts No. 638 and Acts
2930 – merely enumerate and make a list
 of what should be published in the
Official Gazette. They serve as a guide
for the different branches of the
Government and the Bureau of Printing.
 SECTION 11, of the Revised
Administrative Code - , in the absence
of special provision, take effect at the
beginning of the fifteenth day after the
completion of the publication of the
statute in the Official Gazette.
 Article 2 of the new Civil Code
(Republic Act No. 386) equally provides
that laws shall take effect after fifteen
days following the completion of their
publication in the Official Gazette, unless
it is otherwise provided.

 As a rule, circulars and regulations such

a Circular No. 20, which prescribes a
penalty for its violation should be
published before becoming effective.

- Reason: the public is bound by its

content, especially its penal
provisions, a law, regulation, or
circular must be first published
and the people officially and
specifically informed of said
contents and penalties.

 Circular No. 20 was issued in 1949, but

was published on November 1951; hence
it is clear that the same had no legal effect
until 1951. Appellant was not liable then
since it was not binding on the day he
failed to sell the foreign exchange in his
possession.