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G.R. No.

L-63915

Tañada, 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Gazette the unpublished Executive Issuances such as; Presidential Decrees, Proclamations, Executive Orders,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.

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Footnotes
1 Section 6. The right of the people to information on matters of public concern shag be recognized, access to
official records, and to documents and papers pertaining to official acts, transactions, or decisions, shag be
afforded the citizens subject to such limitation as may be provided by law.
2 Anti-Chinese League vs. Felix, 77 Phil. 1012; Costas vs. Aidanese, 45 Phil. 345; Almario vs. City Mayor, 16
SCRA 151;Parting vs. San Jose Petroleum, 18 SCRA 924; Dumlao vs. Comelec, 95 SCRA 392.
3 16 Phil. 366, 378.
4 Camacho vs. Court of Industrial Relations, 80 Phil 848; Mejia vs. Balolong, 81 Phil. 486; Republic of the
Philippines vs. Encamacion, 87 Phil. 843; Philippine Blooming Mills, Inc. vs. Social Security System, 17 SCRA
1077; Askay vs. Cosalan, 46 Phil. 179.
5 1 Manresa, Codigo Civil 7th Ed., p. 146.
6 People vs. Que Po Lay, 94 Phil. 640; Balbuena et al. vs. Secretary of Education, et al., 110 Phil. 150.
7 82 SCRA 30, dissenting opinion.
8 308 U.S. 371, 374.
9 93 Phil.. 68,.
10 The report was prepared by the Clerk of Court after Acting Director Florendo S. Pablo Jr. of the Government
Printing Office, failed to respond to her letter-request regarding the respective dates of publication in the
Official Gazette of the presidential issuances listed therein. No report has been submitted by the Clerk of Court
as to the publication or non-publication of other presidential issuances.
11 129 SCRA 174.
Fernando, CJ.:
1 Separate Opinion of Justice Plana, first paragraph. He mentioned in tills connection Article 7, Sec. 21 of the
Wisconsin Constitution and State ex rel. White v. Grand Superior Ct., 71 ALR 1354, citing the Constitution of
Indiana, U.S.A
2 Ibid, closing paragraph.
3 Learned Hand, The Spirit of Liberty 104 (1960).
4 Cardozo, The Growth of the Law, 3 (1924).
5 Cf. Nunez v. Sandiganbayan, G.R. No. 50581-50617, January 30, 1982, 111 SCRA 433.
6 Cf. Alalayan v. National Power Corporation, L-24396, July 29, 1968, 24 SCRA 172.
Teehankee, J.:
1 People vs. de Dios, G.R. No. 11003, Aug. 3l, 1959, per the late Chief Justice Paras.
2 Notes in brackets supplied.
3 Respondents: comment, pp. 14-15.
Plana, J.:
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* See e.g., Wisconsin Constitution, Art. 7, Sec. 21: "The legislature shall provide publication of all statute laws
... and no general law shall be in force until published." See also S ate ex rel. White vs. Grand Superior Ct., 71
ALR 1354, citing Constitution of Indiana, U.S.A.

Tanada v. Tuvera
GR L-63915, 29 December 1986 (146 SCRA 446)
Facts:
On 24 April 1985, the Court affirmed the necessity for the publication to the OfficialGazette all unpublished
presidential issuances which are of general application, and unless so published, they shall have no binding
force and effect. Decision was concurred only by 3 judges.Petitioners move for reconsideration / clarification of
the decision on various questions. Solicitor General avers that the motion is a request for advisory opinion.
February Revolution took place,which subsequently required the new Solicitor General to file a rejoinder on the
issue (under Rule 3, Section 18 of the Rules of Court).
Issue:
Whether publication is still required in light of the clause ³unless otherwise provided´.
Held:
The clause ³unless it is otherwise provided,´ in Article 2 of the Civil Code, refers to thedate of effectivity and
not to the requirement of publication itself, which cannot in any event beomitted. This clause does not mean that
the legislature may make the law effective immediatelyupon approval, or on any other date, without its previous
publication. The legislature may in itsdiscretion provide that the usual fifteen-day period shall be shortened or
extended. Publicationrequirements applies to (1) all statutes, including those of local application and private
laws; (2) presidential decrees and executive orders promulgated by the President in the exercise of legislative
powers whenever the same are validly delegated by the legislature or directlyconferred by the Constitution; (3)
Administrative rules and regulations for the purpose of enforcing or implementing existing law pursuant also to
a valid delegation; (4) Charter of a citynotwithstanding that it applies to only a portion of the national territory
and directly affects onlythe inhabitants of that place; (5) Monetary Board circulars to ³fill in the details´ of the
CentralBank Act which that body is supposed to enforce. Further, publication must be in full or it is
no publication at all since its purpose is to inform the public of the contents of the laws.
Reasoning:
The Supreme Court declared that all laws as above defined shall immediately upontheir approval, or as soon
thereafter as possible, be published in full in the Official Gazette, to become effective only after 15 days from
their publication, or on another date specified by thelegislature, in accordance with Article 2 of the Civil Code.

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