CASE TITLE: SUBJECT:

TANADA VS TUVERA PERSONS AND FAMILY

Docket No. Date: Ponente: Case Brief by:

G.R. No. 63915 April 24, 1985 Escalin, J. GARCELAZO, APRIL A.

JD 2-B
RECIT READY SUMMARY:

Article 2 of the New Civil Code does not dispense with the publication requirement in the Official
Gazette of laws that provide for its own effectivity date. Publication is an indispensable requirement for
laws to be valid and enforceable. Publication of presidential decrees which are “of public nature” or
“general in application” shall be published in the Official Gazette, otherwise it would violate the due
process clause because it would be unjust for people to be not given a notice of the existence of laws
which restrict and regulate their acts.

FACTS: Tañada, et al., seek a writ of mandamus to compel Hon. Tuvera, et al., to
publish or cause the publication in the Official Gazette various unpublished
presidential decrees by invoking the right to be informed on matters of
public concern enshrined in Section 6, Article 4 of the 1973
constitution. However, respondent public officials contended that
publication in the official gazette is not a sine qua non requirement when
the law itself provides for its own effectivity date. Since the presidential
issuances in question contain special provisions as to the date they are to
take effect, publication in the Official Gazette is not indispensable for their
effectivity.

ISSUES:
Whether or not publication in the Official Gazette is a requirement for laws
and acts to be valid and enforceable.

RATIONALE/
RULING: Yes. Article 2 of the New Civil Code does not dispense with the
publication requirement in the Official Gazette of laws that provide for its
own effectivity date. Publication is an indispensable requirement for
laws to be valid and enforceable. Publication of presidential decrees
which are “of public nature” or “general in application” shall be
published in the Official Gazette, otherwise it would violate the due
process clause because it would be unjust for people to be not given a
notice of the existence of laws which restrict and regulate their acts.
Presidential decrees that provide for fines, forfeitures or penalties for their
violation or otherwise impose a burden on the people, such as tax and
revenue measures, fall within this category. Other presidential issuances
which apply only to particular persons or class of persons such as
administrative and executive orders need not be published on the
assumption that they have been circularized to all concerned. Furthermore,
non-publication will result in the ineffectivity of the law.