TAÑADA v. TUVERA (HENRY) 4.
That, the publication of all presidential issuances of a public nature or of
December 29, 1986 | Cruz, J. | Effectivity Clause
PETITIONER: Lorenzo M. Tañada, et al.
RESPONDENT: Hon. Juan C. Tuvera, et al.
SUMMARY: This is an MR filed by petitioners before the SC regarding the
same original case, where various PDs, LOIs, GOs, Proclamations, EOs, Letters
of Implementation, and AOs and their effectivity despite being published in the
OG was concerned. In that original case, the SC held that the aforementioned
issuances are not to be binding and are construed to have no legal effect if they
are not published in the Offical Gazette which is a necessary requirement for the
effectivity of the laws.
This particular MR, among others, seeks to clarify the phrase “unless it is
otherwise provided,” which from their standpoint, refers to the requirement of
the publication. SC held that such clause infact refers to the 15-day period prior
to the law’s effectivity, and not the requirement of publication in the OG, which
is held as an indispensable requirement.
DOCTRINE: “Unless it is otherwise provided,” refers to the date of effectivity
and not to the requirement of the publication itself, which cannot in any event be
omitted.
FACTS:
This case is the MR of the original case dated April 24, 1985. To review, here are
the essential parts:
1. Grounding on Sec. 6 Art. IV of the 1973 Constitution’s principle that laws,
to be valid and enforceable, must be published in the OG or otherwise
effectively promulgated, this case is filed to compel respondents Tuvera et
al to publish and/or cause the publication in the OG of various Presidential
Decrees (PDs) Letter of Instructions (LOIs), General Orders (GOs),
Proclamations, Executive Orders (EOs), Letters of Implentation, and
Administrative Orders (AOs).
2. Respondents Tuvera et al argue that petitioners have no standing in this
case, they are not aggrieved parties. Further, they contend that the
publication in the OG is not a sine qua non1 requirement for the effectivity
of laws where the laws themselves provide for their own effectivity dates,
citing Art. 2 of the CC.
3. SC held in this case that without publication, people have no means of
knowing what presidential decrees have actually been promulgated, much
less a definite way of informing themselves of the specific contentws and
texts of such decrees.
1
Essential condition
general applicability is mandated by law. Those which are not published
shall have no force and effect. Publication is necessary to appraise the
public of the contents of regulatiions and make the same binding on persons
affected thereby.
5. Now the petitioners once again come before the court with a MR.
ISSUE/s:
1. WoN laws can be effective despite it not being published in the OG – NO
RULING: SC held that all laws defined in the case shall, immediately upon
approval, or as soon as possible, be publishe din full in the OG to become effective
only after 15 days or another date specified by the legislature, per Art. 2, CC.
RATIO:
1. What is now being contested is the underlined part of Art 2:
“Laws shall take effect after 15 days following the completion fo their
publication in the Official Gazette, unless it is otherwise provided. This
Code shall take effect one year after such publication”
2. SC, after a careful study, concluded and held that the underlined clause
refers to the date of effectivity and not to the requirement of publication
itself, which cannot in any event be omitted.
3. This clause does NOT mean that the legislature may make the law effective
immediately upon approval, or on any other date, without its previous
publicatioin.
4. Publication is indispensable in every case, but the legislature may in its
discretion provide that the usual 15-day period shall be shortened or
extended. (example: CC took effect 1 year after publication)
5. To say that the disputed clause dispenses with the requirement is incorrect.
Reason being, such omission would offend due process insofar as it would
eny the public knowledge of the laws that are supposed to govern it.
6. Sec. 6, Bill of Rights: the right of the people to information on matters of
public concern – applies to, among others, and indeed especially, the
legislative enactments of the governments
7. The term “laws” should refer to all laws andnot only to those of general
application, for strictly speaking all laws relate to the people in general
albeit there are some that do not apply to them directly.
8. SC held that all statutes, including those of local application and private
laws, shall be published as a condition for their effectivity, which shal begin
15 days after publication unless a different effectivity date is fixed by the
legislature. (note: interpretative regulations and those merely internal in
nature need not be published, alongside with instructions issued by Minister
of Social Welfare, among others. Also, municipal ordinances arenot
covered by this rule)