1.Tañada v. Tuvera, GR. No.

63915, April 24, 1985

FACTS:

Petitioner, by virtue of the principle that laws to be valid and effective must be published in the
Official Gazette of the Philippines or otherwise effectively promulgated, herein seek to compel the
respondents to cause the publication of various presidential decrees, letters of instruction, general orders,
proclamations, executive orders, letter of implementation and administrative orders.

Respondents, in response thereto, averted that publication is not a sine qua non requirement for
the effectivity of laws where the laws themselves provide for their own effectivity dates. Simply, in such
a case, publication is not indispensable for their effectivity.

ISSUE: W/N publication is indispensable requirement even as to laws which themselves provide for their
own effectivity date, otherwise the said law shall have no force and effect?

HELD:

Yes. Respondents’ argument is logically correct only in so far as it equates the effectivity of laws
with the fact of publication. Article 2 of the Civil Code provides:

“Art. 2. Laws shall take effect after fifteen days following the completion of their
publication in the Official Gazette, unless it is otherwise provided.”

From the wordings of the above Article, the said provision of law does not preclude the
requirement of publication in the Official Gazette, even if the law provides for the date of its effectivity.
The rationale behind publication is to give the general public adequate notice of the laws that regulate
their actions and conduct as citizens. Publication is a requirement of due process and the basis for the
application of the maxim “ignoratia legis non excusat”. Accordingly, it would be the height of injustice to
punish or burden a citizen for transgression of a law of which he had no notice.

Applying the foregoing, publication of all presidential decrees “of a public nature” or “of general
applicability” which provide for fines, forfeitures or penalties for their violation or otherwise impose a
burden on the people, such as tax and revenue measures, is mandated by law. While those which apply
only to particular persons or class of persons such as administrative orders or executive orders need not be
published on the assumption that they have circularized to all concerned. ( NOTE: This is clarified on
the next case, refer your BAR answer to Tañada v. Tuvera, GR. No. L-63915, December 24, 1986.)

The Court therefore declares that presidential issuances of general application which have not
been published, shall have no force and effect.