TANADA Vs.

TUVERA
G.R. No. L-63915 / April 24, 1985
Justice Venicio Escolin

FACTS
 Petitioner Lorenzo M. Tanada Et. Al seek a writ of mandamus to compel respondent public officials
to publish, and/or cause the publication in the Official Gazette of various presidential decrees, letters
of instructions, general orders, proclamations, executive orders, letter of implementation and
administrative orders.
 Petitioner invoked Due Process in demanding the disclosure or a number of presidential decrees
which they claimed had not been published as required by law.
 The respondents would have this case dismissed outright on the ground that petitioners have no legal
personality or standing to bring the instant petition.
 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 were to become effective
immediately upon their approval.

ISSUES
1. Whether or not Laws must be Published in Official Gazette in order to take effect?

2. The Clause “unless otherwise provided” refers to the requirement of publication?

RULING

1. All laws shall immediately upon their approval, or as soon thereafter as possible, be published in full in the
Official Gazette, to become effective only after fifteen days from their publication, or on another date
specified by the legislature, in accordance with Article 2 of the Civil Code.

2. that 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 on any other date, without its previous publication.

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

WHEREFORE, the Court hereby orders respondents to publish in the Official Gazette all unpublished presidential
issuances which are of general application, and unless so published, they shall have no binding force and effect.

DOCTRINE

CIVIL LAW; EFFECT AND APPLICATION OF LAWS; ARTICLE 2, CIVIL CODE; PUBLICATION OF
LAWS MADE TO ENSURE CONSTITUTIONAL RIGHT TO DUE PROCESS AND TO INFORMATION.
— The categorical statement by this Court on the need for publication before any law be made effective seeks
to prevent abuses on the part if the lawmakers and, at the time, ensure to the people their constitutional right to
due process and to information on matter of public concern.