Tañada vs.

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

Facts:
The petitioners in this case include Lorenzo M. Tañada, Abraham F.
Sarmiento, and the Movement of Attorneys for Brotherhood, Integrity,
and Nationalism, Inc. (MABINI), while the respondent is the Government.
The petitioners are seeking the disclosure of presidential decrees that have
not been published as required by law. They argue that publication is
crucial to safeguard the constitutional rights of the people to due process
and access to information on matters of public interest. Conversely, the
Government contends that publication is unnecessary if the decrees
themselves provide alternative means. On April 24, 1985, the court
ordered the necessity for the publication of specific presidential decrees. It
directed the respondents to publish all unpublished presidential issuances
of general application in the Official Gazette. The court underscored that
without such publication, these decrees would lack legal force and effect.
Subsequently, the petitioners filed a motion for
reconsideration/clarification seeking clarity on various aspects of the case.
These inquiries included the interpretation of terms such as "law of public
nature" or "general applicability," the distinction between laws of general
applicability and those that are not, the definition of "publication," the
designated venue for publication, and the timing of publication.

Issue:
Whether or not publication is necessary for presidential decrees that were
not published as required by law

Ruling:
The Court affirmed the need for publishing certain decrees and mandated
their publication in the Official Gazette. The provision "unless it is
otherwise provided" in Article 2 of the Civil Code pertains to the effective
date, not the publication requirement itself. Publication is essential in all
cases, although the legislature can adjust the usual fifteen-day period for
effectiveness. All laws, including local and private statutes, must be
published for them to take effect. Presidential decrees, executive orders,
and administrative rules enforcing existing laws must also be published in
full in the Official Gazette to inform the public. A mere reference to the
decree's number, title, location, and effective date is insufficient. The
publication must be immediate to enforce the law promptly. The
publication requirement serves to prevent abuses and uphold the public's
right to information on matters of public interest. All laws, as defined,
must be published in the Official Gazette to take effect after fifteen days,
unless the legislature sets a different date. Newspaper publication is not
authorized by law. Laws must be transparent and open to public scrutiny
to maintain a democratic society.