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  • Tanada Vs Tuvera Case Digest

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    Chanyeol Park
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    Petitioners filed a petition for mandamus to compel the publication of all unpublished presidential decrees in the Official Gazette, regardless of any provisions stating otherwise. The Solicitor General moved for dismissal, arguing the petitioners had no legal standing. The court ruled that any law or statute must be published first in order to take effect, as it would be unconstitutional to punish someone for violating a law they were not notified of. The court ordered respondents to publish all unpublished presidential issuances in the Official Gazette, and stated they would not take effect until publication.

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    Tanada vs Tuvera case digest

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    Petitioners filed a petition for mandamus to compel the publication of all unpublished presidential decrees in the Official Gazette, regardless of any provisions stating otherwise. The Solicitor General moved for dismissal, arguing the petitioners had no legal standing. The court ruled that any law or statute must be published first in order to take effect, as it would be unconstitutional to punish someone for violating a law they were not notified of. The court ordered respondents to publish all unpublished presidential issuances in the Official Gazette, and stated they would not take effect until publication.

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    71 views1 page

    Tanada Vs Tuvera Case Digest

    Uploaded by

    Chanyeol Park
    Petitioners filed a petition for mandamus to compel the publication of all unpublished presidential decrees in the Official Gazette, regardless of any provisions stating otherwise. The Solicitor General moved for dismissal, arguing the petitioners had no legal standing. The court ruled that any law or statute must be published first in order to take effect, as it would be unconstitutional to punish someone for violating a law they were not notified of. The court ordered respondents to publish all unpublished presidential issuances in the Official Gazette, and stated they would not take effect until publication.

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    © All Rights Reserved
    Download as PDF, TXT or read online from Scribd
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    LORENZO M. TAÑADA, ET AL. V. HON. JUAN C. TUVERA, ET AL.

    G.R. No. L-63915


    April 24, 1985

    Facts:

    Petitioners filed a Petition for Mandamus compelling the respondents to publish all
    presidential decrees that are not published yet, regardless if these decrees were able to
    provide for their own effectivity.The Solicitor General, representing the respondents,
    moved for the dismissal of the case, contending that petitioners have no legal
    personality to bring the instant petition.

    Issue:

    Whether or not publication in the Official Gazette or any other form of is required
    before any law to take effect?

    Ruling:

    Yes, the court agreed that it's essential for any law or statute to be published first
    before they become effective as it's unconstitutional for someone to be punished for
    violating a law which he received no notice about, and there would be no basis for the
    application of Article 3, thus prevents due process to take place. As a result, the court
    ordered the repondents to publish all unpublished presidential issuances in the Official
    Gazette—until then, these presidential issuances will not take effect.

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