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Consti 1 - Tanada V Tuvera 146 SCRA 446 (1986)

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CONSTITUTION – COMPARE WITH EFFECTIITY OF STATUTES

Case Digest: Tañada V. Tuvera

CASE DIGEST: TAÑADA V. TUVERA

Lorenzo M. Tañada, Abraham F. Sarmiento, and Movement of Attorneys for

Brotherhood, Integrity and Nationalism, Inc. (MABINI), petitioners,

Versus

Hon. Juan C. Tuvera, in his capacity as Executive Assistant to the President,

Hon. Joaquin Venus, in his capacity as Deputy Executive Assistant to the
President, Melquiades P. de la Cruz, etc., et al., respondents.

No. L-63915 December 29, 1986

Facts:

Due process was invoked by the petitioners in demanding the disclosureof a number of
presidential decrees which they claimed had not been published as required by law. The
government argued that while publication was necessary as a rule, it was not so when it
was “otherwise provided,” as when the decrees themselves declared that they we to
become effective and immediately upon their approval.

The petitioners suggest that there should be no distinction between laws of general
applicability and those which are not, that publication means complete publication; and
that the publication must be made forthwith the Official Gazette.

Issue:

Whether or not the Presidential decrees are covered by the provisions of Article 2 of the
New Civil Code, on the necessity of publication for its effectivity.

Held:

The clause “unless otherwise provided” refers to the date of effectivity and not to the
requirement of publication itself. Publication is indispensable in every case, but the
legislature may in its discretion provide that the usual fifteen day period shall be
shortened or extended. The term “laws” should refer to all laws and not only to those of
general application, for strictly speaking all laws related to the people in general albeit
there are some that do not apply to them directly.

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All statutes, including those of local application and private laws, shall be published as a
condition for their effectivity, which shall begin fifteen days after publication unless a
different effectivity date is fixed by the legislature. Covered by this rule are presidential
decrees and executive orders promulgated by the President. Administrative rules and
regulations must also be published if their purpose is to enforce or implement existing
law pursuant also to a valid delegation.

There is much to be said of the view that the publication need not be

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CONSTITUTION – COMPARE WITH EFFECTIITY OF STATUTES

Tañada vs. Tuvera 136 SCRA 27 (April 24, 1985) 146

SCRA 446 (December 29, 1986)

TAÑADA VS. TUVERA

136 SCRA 27 (April 24, 1985)

FACTS:

Invoking the right of the people to be informed on matters of public concern as well as the principle that
laws to be valid and enforceable must be published in the Official Gazette, petitioners filed for writ of
mandamus to compel respondent public officials to publish and/or cause to publish various presidential
decrees, letters of instructions, general orders, proclamations, executive orders, letters of
implementations and administrative orders.

The Solicitor General, representing the respondents, moved for the dismissal of the case, contending that
petitioners have no legal personality to bring the instant petition.

ISSUE:

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

HELD:

Art. 2 of the Civil Code does not preclude the requirement of publication in the Official Gazette, even if the
law itself provides for the date of its effectivity. 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 injustive 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 very first clause of Section 1 of CA 638 reads: there shall be published in the Official Gazette…. The
word “shall” therein imposes upon respondent officials an imperative duty. That duty must be enforced if
the constitutional right of the people to be informed on matter of public concern is to be given substance
and validity.

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.

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TAÑADA VS. TUVERA

146 SCRA 446 (December 29, 1986)

FACTS:

This is a motion for reconsideration of the decision promulgated on April 24, 1985. Respondent argued
that while publication was necessary as a rule, it was not so when it was “otherwise” as when the decrees
themselves declared that they were to become effective immediately upon their approval.

ISSUES:

1. Whether or not a distinction be made between laws of general applicability and laws which are not as
to their publication;
2. Whether or not a publication shall be made in publications of general circulation.

HELD:

The clause “unless it is otherwise provided” refers to the date of effectivity and not to the requirement of
publication itself, which cannot in any event be omitted. This clause does not mean that the legislature
may make the law effective immediately upon approval, or in any other date, without its previous
publication.

“Laws” should refer to all laws and not 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. A law without any
bearing on the public would be invalid as an intrusion of privacy or as class legislation or as an ultra vires
act of the legislature. To be valid, the law must invariably affect the public interest eve if it might be directly
applicable only to one individual, or some of the people only, and not to the public as a whole.

All statutes, including those of local application and private laws, shall be published as a condition for their
effectivity, which shall begin 15 days after publication unless a different effectivity date is fixed by the
legislature.

Publication must be in full or it is no publication at all, since its purpose is to inform the public of the
content of the law.

Article 2 of the Civil Code provides that publication of laws must be made in the Official Gazette, and not
elsewhere, as a requirement for their effectivity. The Supreme Court is not called upon to rule upon the
wisdom of a law or to repeal or modify it if it finds it impractical.

The publication must be made forthwith, or at least as soon as possible.

J. Cruz:

Laws must come out in the open in the clear light of the sun instead of skulking in the shadows with their
dark, deep secrets. Mysterious pronouncements and rumored rules cannot be recognized as binding
unless their existence and contents are confirmed by a valid publication intended to make full disclosure
and give proper notice to the people. The furtive law is like a scabbarded saber that cannot faint, parry or
cut unless the naked blade is drawn.

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