Cabana, Adrian C.

Doctrine : Publication / Applicability of a Law

Case Title : Nagkakaisang Maralita ng Sitio Masigasig, INC. - Petitioner

Vs Military Shrine Services – Philippine Veterans Affairs
Office, Department of National Defense –
Respondent
G.R. No. 187587

Western Bicutan Lot Owners Association, INC – Petitioner

Vs Military Shrine Services – Philippine Veterans Affairs
Office, Department of National Defense – Respondent
G.R. No.187654

Facts

Petitioners filed a petition with the Commission on Settlement of Land

Problems for the reclassification of the areas they occupied and the
distribution of the property to them

Petitioners based their position on the land by the virtue of

Proclamation No. 423 of President Carlos P. Garcia which reserves parcel of
lands in the Municipality of Bicutan and other cities and Proclamation No.
2476 of President Marcos which declares open for disposition the cities
mentioned in 426 except Western Bicutan.

Furthermore, President Marcos after some time made a handwritten

addendum that includes Western Bicutan

Publication of the law was made and took effect.

Issue

Whether or not the handwritten addendum of President Marcos has the

force and effect of law?

Ruling

The Supreme Court held the handwritten addendum of President

Marcos did not have the force and effect law because such omission would
offend due process insofar as it would deny the public knowledge of the laws
that are supposed to govern.

Article 2 of the Civil Code expressly provides:  Laws shall take effect
after fifteen days following the completion of their publication in the Official
Gazette, unless it is otherwise provided. Under the above provision, the
requirement of publication is indispensable to give effect to the law, unless
the law itself has otherwise provided. In the case at bar, though
Proclamation No. 2476 was published in an Official Gazette, the handwritten
addendum of President Marcos declaring the Western Bicutan as alienable
and disposable was not included.

Therefore, without publication, the handwritten addendum of President

Marcos never had any legal force and effect