G.R. No.

L-63915
Taada, L. M. et al vs. Hon. J.C. Tuvera et al
G.R. No. L-63915
April 24, 1985
En Banc
Facts:
Petitioners asked for the issuance of the Writ of mandamus to compel the respondents to
publish in the Official Gazette the unpublished Executive Issuances such as; Presidential
Decrees, Proclamations, Executive Orders, general orders, letters of implementation, and
administrative orders. In defense, respondents stated that the petitioners have no legal
personality in the case citing sec. 3 of rule 65 of the Rules of Court which lays-out the
requirement for filing for a Writ of Mandamus. Petitioners contended that the issue touches the
public and thereby does not require any special circumstance to institute an action. On the other
hand, respondents stated that publication of the mentioned issuances is not asine qua
non requirement as the Law provides its own affectivity date as stated in Art. 2 of the Civil
Code.
Issue:
Whether

or

not

publication

affects

the

validity

of

the

Executive

Issuances.

Ruling:
The Supreme Court in its decision, ordered the respondents to publish the Executive Issuances
of general application, and further stated that failure for publication would render the Issuances
no binding force and effect.
It was explained that such publication is essential as it gives basis to the legal maxim known as
ignorantia legis non excusat. Thus, failure to publish would make create injustice as would it
would punish the citizen for transgression of the law which he had no notice.
The court declared that Presidential issuances with general application without publication
would be inoperative and null and void. However, some justices in their concurring opinions
made a qualification stating that publication is not an absolute requirement for the publication.
As Justice Fernando stated that, publication is needed but it must not only confined in the
Official Gazette because it would make those other laws not published in the Official Gazette
bereft of any binding force or effect.