Tanada v. Tuvera 146 SCRA 446 (1986) G.R. No.

L-63915, December 29, 1986 7/23/21, 6:08 PM

Tanada v. Tuvera 146 SCRA 446 (1986)

G.R. No. L-63915, December 29, 1986

Fact: Due process was invoked by the petitioners in demanding the disclosure of a number
of presidential decrees which they claimed had not been published as required by law. The
government argued that while publication was necessary as a rule, it was not so when it was
“otherwise provided,” as when the decrees themselves declared that they were to become
effective immediately upon their approval. In the decision of this case on April 24, 1985, the
Court affirmed the necessity for the publication of some of these decrees, orders
respondents to publish in the Official Gazette all unpublished presidential issuances which
are of general application, and unless so published, they shall have no binding force and
effect. The petitioners are now before us again, this time to move for
reconsideration/clarification of that decision. Specifically, they ask the What is meant by
“law of public nature” or “general applicability”? Must a distinction be made between laws
of general applicability and laws which are not? What is meant by “publication”? Where is
the publication to be made? When is the publication to be made? the petitioners suggest
that there should be no distinction between laws of general applicability and those which
are not; that publication means complete publication; and that the publication must be
made forthwith in the Official Gazette

Issue: Whether the Publication of Laws and Decrees in the Official Gazette and Newspaper
of General Circulation is a mandatory requirement of the Constitution?

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Tanada v. Tuvera 146 SCRA 446 (1986) G.R. No. L-63915, December 29, 1986 7/23/21, 6:08 PM

Held: Yes, Publication is indispensable in every case, but the legislature may in its
discretion provide that the usual fifteen-day period shall be shortened or extended. It is not
correct to say that under the disputed clause publication may be dispensed with altogether.
The reason. is that such omission would offend due process insofar as it would deny the
public knowledge of the laws that are supposed to govern the legislature could validly
provide that a law e effective immediately upon its approval notwithstanding the lack of, it
is not unlikely that persons not aware of it would be prejudiced as a result and they would
be so not because of a failure to comply with but simply because they did not know of its
existence, Significantly, this is not true only of penal laws as is commonly supposed. One
can think of many non-penal measures, like a law on prescription, which must also be
communicated to the persons they may affect before they can begin to operate. The
conclusive presumption that every person knows the law, which of course presupposes that
the law has been published if the presumption is to have any legal justification at all. It is no
less important to remember that Section 6 of the Bill of Rights recognizes “the right of the
people to information on matters of public concern,” and this certainly applies to, among
others, and indeed especially, the legislative enactments of the government.

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Tanada v. Tuvera 146 SCRA 446 (1986) G.R. No. L-63915, December 29, 1986 7/23/21, 6:08 PM

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In "Contitutional Law 2" In "Contitutional Law 2"

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Due Process, Publication Requirement

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Tanada v. Tuvera 146 SCRA 446 (1986) G.R. No. L-63915, December 29, 1986 7/23/21, 6:08 PM

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