CASE FACTS ISSUES RULING

Topic: On 12 July 1957, by virtue of Proclamation 423,

Adoption and Former President Carlos P. Garcia reserved parcels
Effectivity of of land in the Municipalities of Pasig, Taguig, W O N the Court Applying the foregoing ruling to the instant case, this Court cannot rely on a handwritten note that was not part of
the Present Paranaque, Province of Rizal and Pasay City for of Appeals erred Proclamation No. 2476 as published. Without publication, the note never had any legal force and effect. We agree
Constitution: military reservation. in ruling that the that the publication must be in full or it is no publication at all since its purpose is to inform the public of the contents of
Compare with subject lots were the laws. In relation thereto, Article 2 of the Civil Code expressly provides:
the Effectivity On 28 May 1967, President Ferdinand E. Marcos not alienable and
of Laws issued Proclamation No. 208, amending disposable by Art. 2. Laws shall take effect after fifteen days following the completion of their publication in the Official Gazette,
Proclamation No. 423, which exluded a certain area virtue of unless it is otherwise provided. This Code shall take effect one year after such publication. Under the provision, the
of Fort Bonifacio and reserved it for a national shrine. Proclamation No. requirement of publication is indispensable to give effect to the law, unless the law itself has otherwise provided.
2476 on the
Again, on 7 January 1986President Marcos issued ground that the In the case at bar, though Proclamation No. 2476 was published in an Official Gazette, the handwritten addendum of
Proclamation No. 2476 that further amended the handwritten President Marcos declaring the Western Bicutan as alienable and disposable was not included.
proclamation that excluded the barangays of Lower addendum of
Bicutan, Upper Bicutan and Signal Village and a President Marcos
Nagkakaisang handwritten addendum which includes Western was not included
Maralita Bicutan for the disposition of the area. in the publication
of the said law.
On 3 February 1986, The proclamation was
vs. published in the Official Gazette without the
handwritten addendum.

Military Demolition of illegal structures existed to prevent the

area from the increasing number of informal settlers.

G.R. No. Members of petitioner Nagkakaisang Maralita ng

187654 Sitio Masigasig, Inc. (NMSMI) and Western Bicutan
Lot Owners Association, Inc. (WBLOAI) filed for a
Petition with Commission on Settlement of Land
Problems (COSLAP) praying for the reclassification
June 5, 2013 of the areas they are occupying as is already
alienable and disposable.