Tañada v. Tuvera | No. L-639151 (April 24, 1985) Tanada v.

Tuvera | GR L-63915, (29 December 1986)

Facts: In procuring the enforcement of public duty, a petition was sought by Tañada,
Sarmiento, and Movement of Attorneys for Brotherhood Integrity and Nationalism, Inc
(MABINI) seeking 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. There is a need for Publication of Laws to strengthen its binding force
and effect: giving access to legislative records, giving awareness to the public of the law
promulgated. The Official Gazette, however, does not contain publications of administrative
and executive orders that affect only a particular class of persons. The Official Gazette, as
mandated by law, presents all presidential issuances “of a public nature” or “of general
applicability.” Also, Article 2 of the Civil Code expressly recognized that the rule as to laws
takes effect after 15 days unless it is otherwise (for some do specify the date of effectivity)
following the completion of the publication in the Official Gazette. However, the decree has
been misread by many; for it has no juridical force, but a mere legislative enactment of RA
386.
Issue: WON to provide publications of the law elsewhere, aside from the Official Gazette,
as it would be essential to the effectivity of the said legislative or executive act that regulates
the acts and conduct of people as citizens.
Held: Respondents were granted petition to publish all unpublished issuances in the
Official Gazette, serving as a response to the maxim “ignorance as an excuse for
noncompliance.” The effectivity of laws shall follow the notice to parties concerned, for such is
a public right. There will be no retroactive effect for laws with dates which applied the 15-day
rule of publication in the Official Gazette.
Facts: On 24 April 1985, the Court affirmed the necessity for the publication to the Official
Gazette all unpublished presidential issuances which are of general application, and unless so
published, they shall have no binding force and effect. Decision was concurred only by 3
judges. Petitioners move for reconsideration / clarification of the decision on various
questions. Solicitor General avers that the motion is a request for advisory opinion. February
Revolution took place, which subsequently required the new Solicitor General to file a
rejoinder on the issue (under Rule 3, Section 18 of the Rules of Court).
Issue: Whether publication is still required in light of the clause “unless otherwise provided”.
Held: The clause “unless it is otherwise provided,” in Article 2 of the Civil Code, 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. The
legislature may in its discretion provide that the usual fifteen-day period shall be shortened or
extended. Publication requirements applies to (1) all statutes, including those of local
application and private laws; (2) presidential decrees and executive orders promulgated by the
President in the exercise of legislative powers whenever the same are validly delegated by the
legislature or directly conferred by the Constitution; (3) Administrative rules and regulations
for the purpose of enforcing or implementing existing law pursuant also to a valid delegation;
(4) Charter of a city notwithstanding that it applies to only a portion of the national territory
and directly affects only the inhabitants of that place; (5) Monetary Board circulars to “fill in
the details” of the Central Bank Act which that body is supposed to enforce. Further,
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.
Reasoning: The Supreme Court declared that all laws as above defined shall immediately upon
their approval, or as soon thereafter as possible, be published in full in the Official Gazette, to
become effective only after 15 days from their publication, or on another date specified by the
legislature, in accordance with Article 2 of the Civil Code.