Tañada vs. Tuvera
136 SCRA 27 (1985)
136 SCRA 27 (1985)
Facts: Invoking the People’s right to be informed on matters of public concern, a right recognized in Section 6, Article IV of the 1973 Philippine Constitution, as well as the principle that laws to be valid and enforceable must be published in the Official Gazette or otherwise effectively promulgated, petitioners seek a writ of mandamus to compel respondent public officials to publish, or cause the publication in the Official Gazette of various presidential decrees, letters of instructions, general orders, proclamations, executive orders, letter of implementation and administrative orders.
The respondents, trough the Solicitor General, would have this case dismissed outright on the ground that petitioners have no legal personality or standing to bring the instant petition. The view is submitted that in the absence of any showing that the petitioners are personally and directly affected or prejudiced by the alleged non-publication of the presidential issuance is a question. Said petitioners are without the requisite legal personality to institute this mandamus proceeding, they are not being “aggrieved parties” within the meaning of Section 3, Rule 65 of the Rules of Court.
Issue: Whether publication in the Official Gazette is required for the effectivity of laws and statute.
Held: The Philippine Constitution does not require the publication of the laws as a pre-requisite for their effecitivty. Neither the publication of laws in the Official gazette as a pre-requisite for their effectivity. Article 2 of the Civil Code provides that “laws shall take effect fifteen days following the completion of their publication on the Official Gazette, unless it is otherwise provided” This pre-requisite does not apply to a law with a fixed provision as to when will it take effect, The intention of this provision is to give the general public enough awareness of the laws that will regulate their actions. Commonwealth Act No. 638 does not support the proposition that for the effectivity of laws, it must be published in the Official Gazette. The said act only provides the uniform publication and distribution of the Official Gazette, only “important” legislative acts and those of “public in nature” are required to be published in the Official Gazette.
Ignorance of the law excuses no one, it is unjust if a person will be punished with a law he had no notice, that’s why laws which is public in nature shall be published in the Official gazette to protect the constitutional right of the people, to be informed on matter of public concern. For no person should be bound by law without notice. The Court declared that presidential issuances of general application which have not been published have no force and effect.
Marx Andrei Oscar V. Yaun
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