TANADA vs TUVERA

G.R. No. L-63915, 24 April 1985

FACTS:
Petittioners seek a writ of mandamus to compel respondent government officials to publish and/ or
cause the publication in the Official Gazette of various presidential decrees, letters of instructions,
general orders, proclamations, executive orders, letters of implementation and administrative orders.
The petitioners are invoking the right to be informed on matters of public concern (Sec. 6, Article IV
of the 1973 Constitution). The petitioners are also invoking that for laws to be valid and enforceable,
they must be published in the Official Gazette.
The respondents contended that the case should be dismissed outright on the ground that petitioners
have no legal standing to carry out such petition since they are not personally and directly prejudiced
by the non-publication of the issuances in question. Respondents also contended that the publication
in the Official Gazette is a non-requirement for laws which provide their own affectivity date. Since
the issuances in question contain the date of effectivity, publication is not necessary.

ISSUES:
Whether or not the petitioners have the legal personality or standing to carry out the instant petition
and whether publication is necessary for laws which have its own effectivity date.

HELD:
The Court recognizes a private citizen’s legal personality since the right sought to be enforced by the
petitioners is a public right recognized by the Constitution.
The Court anchored on Article 2 of the Civil Code which states that:
“Laws shall take effect after fifteen days following the completion of their publication in the Official
Gazette, unless it is otherwise provided.”
Publication is indispensable because without such publication, there would be no adequate notice to
the general public of the various laws which are to regulate their actions and conducts as citizens. It
would render injustice to punish or burden a citizen for the transgression of law which he had no notice.
It is the respondent officials’ duty to enforce the Constitutional rights of the people to be informed on
matters of public concern. Thus, the publication of all presidential issuances of “public nature” or of
general applicability” is mandated by law. Unless so published, laws shall have no binding force or
effect.
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