 The clear object of the above-quoted

Civil Code: Persons, Family, and Relations provision is to give the general public
Topic: When the law takes effect adequate notice of the various laws which
are to regulate their actions and conduct as
Relevant Article: Art 2 of the Civil Code, as amended citizens. Without such notice and publication,
by EO No. 200 OF 1987 there would be no basis for the application of
Laws shall take effect after 15 days from the the maxim "ignorantia legis non excusat." It
completion of publication either in the Official would be the height of injustice to punish or
Gazette, or in a newspaper of general circulation in otherwise burden a citizen for the
the Philippines, unless otherwise provided. transgression of a law of which he had no
notice whatsoever, not even a constructive
Lorenzo Tanada v Hon. Juan Tavera, in his capacity one.
as Executive Secretary to the President
G.R. No. 63915/ 136 SCRA 27, April 24, 1985 Therefore, the Court, speaking thru Justice Escolin,
Ponente: Justice Escolin orders the respondents to publish in full in the Official
Gazette all unpublished presidential issuances which
Facts: are of general application and unless so published,
 Petitioner seeks a writ of mandamus to shall have no binding force and effect of law.
compel public officials to publish and/or
cause the publication in the Official Gazette
various presidential decrees, letters of
instructions, general orders, proclamations,
EOs, letters of implementations, and
administrative orders.
 The petitioner says that it is the right of the
people to be informed on matters of public
concern.
 Further, for the law to be valid and
enforceable, it should be published in the
Official Gazette.
 The respondent argued that publication in
the Official Gazette is not an absolute
requirement for the effectivity of the laws,
especially when the laws themselves provide
for their dates of effectivity.
Issue:
Whether or not the statutes issued are valid
and enforceable
Ruling:
 No.
 Art 2 of the Civil Code states that “Laws shall
take effect after 15 days following the
completion of the publication in the Official
Gazette or in a newspaper of general
circulation in the Philippines, unless
otherwise provided.”
 Art 2 does not preclude the publication
requirement in the Official Gazette even if
the law itself provides for the date of
effectivity.
 The publication of all presidential issuances
“of public nature” or “of general applicability”
is mandated by law.