Tanada v. Tuvera 146 SCRA 446 (1986) G.R. No.

L-63915, December 29, 1986

Facts:
The petitioners demand the mandamus to force the respondent public officials to
publish and/or the publication in the Official Gazette of various presidential decrees, letters if
instruction, general orders, proclamation, executive orders, letters of implementational
administrative orders. Respondent by way of the Deputy Solicitor General, must have dismissed
this argument on the basis that the petitioners have no legitimate personality or stand to carry
an immediate petition. The option is that, in the absence of any proof that the complainant is
individually and specifically harmed or negatively affected by the supposed non-publication of
the presidential topics in question. The respondent further submits that publication in the
Official Gazette is not a sinequa non requirement for the effectiveness of the legislation where
the law itself allows for its own effective dates.

Issue:
Whether or not the publication in the Official Gazette is required before any law or
statute becomes valid and enforceable.

Ruling:
The clause “unless otherwise provided” applies to the date of usefulness and not to the
requirement of publication itself. Publication is indispensable in any case, but the legislative
may in its discretion, provide that the normal duration of 15 days, may be shortened or
extended. The word “laws” should refers to all laws, and not just those of general application,
for strictly speaking, all laws relating to citizens in general, although there are those that do not
apply explicitly to them. It refers to the date of effectivity and not the requirement of
publication itself which cannot in any event be omitted.
A requirement of due process is the publication of presidential issues of a public nature
or of general applicability. It is a rule of law that, before a person may be bound by law, he must
first be officially and clearly notified of the substance of the law. The court held that there was
no power and effect for the President to issue a general application which had not been
written.
Publication is, therefore, mandatory.