Tanada v Tuvera AUTHOR: Viloria, Patricia

[GR L-63915, April 24, 1985] NOTES: (if applicable)

TOPIC: Publication
PONENTE: Escolin, J

FACTS: Tanada invoked due process by demanding the disclosure of presidential decrees, letters of instructions, General
orders, proclamation, executive orders, letters of implementations and administrative order which had not been published
as required by law. The court ordered the respondents to publish in the official gazette all unpublished Presidential
Issuances which are of general force and effect. The petitioners suggest that there should be no distinction between laws of
general applicability and those which are not. The publication means complete publication, and that publication must be
made in the official gazette. In a comment required by the solicitor general, he claimed first that the motion was a request
for an advisory opinion and therefore be dismissed. And on the clause “unless otherwise provided” in Article 2 of the new
civil code meant that the publication required was not always imperative, that the publication when necessary, did not
have to be made in the official gazette.

ISSUE(S): Whether or not publication is a sine que non requirement

HELD: Yes.

RATIO:
- The clear object of this provision is to give the general public adequate notice of the various laws which are to
regulate their actions and conduct as citizens. Without such notice and publication, there would be no basis for the
application of the maxim ignoratia legis nominem excusat. It would be the height of injustice to punish or
otherwise burden a citizen for the transgression of a law which he had no notice whatsoever, not even a
constructive one.
- The publication of presidential issuances of public nature or of general applicability is a requirement 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. The Court declared that presidential issuances of general application which have not been
published have no force and effect.
CASE LAW/ DOCTRINE:

DISSENTING/CONCURRING OPINION(S):
Concurring, Fernando, CJ:
Due process question would arise if made to apply adversely to a party who is not even aware of the existence of any
legislative or executive act having the force and effect of law.
No person should be bound by a law without notice as such should be in the Official Gazette
Must be ascertainable in some for if the law is to be enforced at all
Publications is essential to the effectivity of a legislative or executive act of general application.
Presidential decrees and executive acts previously published not in the official gazette should not be devoid of legal
character.
Concurring, Melencio, J
There cannot be any question but that even if a decree provides for a date of effectivity, it should be published.
Separate, Plana, J
The law is not precise regarding due process of the notice of laws. Law does not provide that publication in the
Official Gazette is essential for the effectivity of laws.
Separate, Teehankee, J
Rule of law connotes a body of norms and laws published and ascertainable and of equal protection to all similarly
circumstanced and not subject to arbitrary change but only under certain set procedures. Fair play and justice. If there is no
publication then there is no Art 3 “ignorance of the law excuses no one from compliance therewith”