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LORENZO M. TAÑADA v HON. JUAN C.

TUVERA
(G.R. No. L-63915 April 24, 1985)

Facts:
 The petitioners applied a writ of mandamus to Compel respondent public officials to
publish, and/or cause the publication in the Official Gazette of various presidential
decrees, letter of instructions, general orders, proclamations, executive orders, letter of
implementation and administrative orders. The view is submitted that in the absence of
any showing that petitioners are personally and directly affect prejudiced by the alleged
non-publication of the presidential issuances in question. However, the Petitioner writ of
Mandamus was not published in the Official Gazette and the writ that was submitted by
the petitioner was not submitted on due course. Thus, the Solicitor General would
outright dismiss this case on the ground that petitioner has no legal personality or
standing to bring instant petition.
Issue:
 Whether or not it was published in the Official Gazette, is the law already enforced?
Ruling:
 As stated in Civil Code Article 2 a law shall take effect Fifteen (15) Days following the
completion of their publication in the Office Gazatte. The court ruled that publication of
is necessary those cases where the legislation itself does not provide for its effectivity
date for then the date of publication is material for determining it date of effectivity.
Thus, the First Clause of Section 1 Commonwealth Act 638 stated that: There shall be
published in the Official Gazette.

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