Tañada et al. vs. Tuvera et al. G.R.

L-63915

April 24,1985, December 29, 1986

Facts:

Petitioners seek a writ of mandamus to compel respondent public officials to publish,

and/or cause the publication in the Official Gazette all presidential decrees, letters of
instructions, general orders, proclamations, executive orders, letter of implementation
and administrative orders in relation to the right to be informed provision is Article 4
Section 6 of the 1973 Constitution. The herein petitioners are invoking that due process
of law has been violated for the non-publishment of a number of presidential decrees in
the Official Gazette as required by law.

Issue:

Whether or not publication was a necessary rule in the clause “otherwise provided,” for
presidential decrees to become immediately effective upon its approval.

Ruling:

The Court held that the clause “unless otherwise provided” in Article 2 of the New Civil
Code refers to the effectivity of laws and not the requirement of publication. It refers to
the date of effectivity and not to the requirement of publication itself, which cannot be
omitted. This clause does not mean that the legislature may make the law effective
immediately upon approval, or on any other date, without its previous publication.