Tanada v.

Tuvera 136 SCRA 27

 

ISSUE:  Whether or not the statutes in question which contain special provisions as to

the date they are to take effect still need to be published in the Official Gazette 

FACTS:  Petitioners herein are seeking a writ of mandamus to compel 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, letters
of implementation, and administrative orders. Respondents, on the other hand, claimed
that this case has no legal personality or standing. Further, they argued that the
publication in the Official Gazette in necessary for the effectivity of the law where the
law themselves provides for their own effectivity dates 

DECISION:  Granted 

RATIO DECIDENDI:  . Yes. Publication in the Official Gazette is necessary in those

cases where the legislation itself does not provide for its effectivity date, for then the
date of publication is material for determining the date of the effectivity which must be
15 days following the completion of its publication, but not when the law itself provides
for the date when it goes to effect. Publication of laws is part of substantive due
process