TAÑADA V.

TUVERA
No. L-63915
136 SCRA 27 (April 24, 1985)

Facts: In procuring the enforcement of public duty, a petition was sought by Tañada,
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Held: Respondents were granted petition to publish all unpublished issuances in the Official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.