Civil Code: Persons, Family, and Relations  The clear object of the above-quoted

Topic: When the law takes effect provision is to give the general public
adequate notice of the various laws which
Relevant Article: Art 2 of the Civil Code, as amended are to regulate their actions and conduct as
by EO No. 200 citizens. Without such notice and publication,
Laws shall take effect after 15 days from the there would be no basis for the application of
completion of publication either in the Official the maxim "ignorantia legis non excusat." It
Gazette, or in a newspaper of general circulation in would be the height of injustice to punish or
the Philippines, unless otherwise provided. otherwise burden a citizen for the
transgression of a law of which he had no
Lorenzo Tanada v Hon. Juan Tavera, in his capacity notice whatsoever, not even a constructive
as Executive Secretary to the President one.
G.R. No. 63915/ 136 SCRA 27, April 24, 1985
Ponente: Justice Escolin Therefore, the Court, speaking thru Justice Escolin,
orders the respondents to publish in full in the Official
Facts: Gazette all unpublished presidential issuances which
 Petitioner seeks a writ of mandamus to are of general application and unless so published,
compel public officials to publish and/or shall have no binding force and effect of law.
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.