TAÑADA VS.

TUVERA
GR NO. 63915 DECEMBER 29, 1986
PONENTE: JUSTICE CRUZ

FACTS:

Satisfaction of the due process was appealed by the petitioners in challenging

the disclosure of a number of presidential decrees which they appealed had not
been published as required by law. The government contended that while
publication was indispensable as a rule, it was not so when it was “otherwise provided”
as when the decrees themselves professed that they we to become effective and
immediately upon approval.

Petitioners suggest that there should be no peculiarity between laws in general

applicability and those on the other hand, that publication means satisfied and
complete publication and the publication must be completed directly in the Official
Gazette.

ISSUE:

Whether or not the Presidential decrees are covered by the provision under
Article 2 of the New Civil Code, on the need of publication for its effectivity?

RULING:

Publication is absolutely necessary at all cost, but the legislature may in its will
provide that the usual fifteen- day period shall be shortened or extended. The clause
“unless otherwise provided” denotes to the date of effectivity and not the
requirement of publication itself. The “laws” should denotes to all laws and not only to
those of general application. All laws allied to people in general though there are
some are not applicable to them directly.

Enclosed by this rule are Presidential decrees and executive orders

promulgated by the President. Administrative rules and regulation must also be
published if their determination is to impose and implement existing law pursuant also
to an effective delegation. All statutes, comprising those of local application and
private laws, shall be published as a condition for their effectivity which shall
commence fifteen days’ after publication except a different effectivity date is
provided by the legislature.