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Lorenzo M. Tañada, AbrahamF. Sarmiento, and Lorenzo M. Tañada, AbrahamF.

Sarmiento, and
Movement of Attorney’s for Brotherhood, Integrity Movement of Attorney’s for Brotherhood, Integrity
and National ism, Inc. [MABINI], petitioners, and National ism, Inc. [MABINI], petitioners,

Vs Vs

Hon. Juan C. Tuvera, in his capacity as Executive Hon. Juan C. Tuvera, in his capacity as Executive
Assistant to the President, HON. JOAQUIN VENUS, Assistant to the President, HON. JOAQUIN VENUS,
in his capacity as Deputy Executive Assistant to the in his capacity as Deputy Executive Assistant to the
President , MELQUIADES P. DE LA CRUZ, in his President , MELQUIADES P. DE LA CRUZ, in his
capacity as Director, Malacañang Records Office, capacity as Director, Malacañang Records Office,
and FLORENDO S. PABLO, in his capacity as and FLORENDO S. PABLO, in his capacity as
Director, Bureau of Printing, respondents. Director, Bureau of Printing, respondents.

Facts: Facts:

After the petition for writ of mandamus that sought After the petition for writ of mandamus that sought
to publish certain presidential issuance with the help of to publish certain presidential issuance with the help of
the respondents, they contended that publication in the the respondents, they contended that publication in the
Official Gazette is not a sine quo non requirement for Official Gazette is not a sine quo non requirement for
the effectivity of laws where the laws provide for their the effectivity of laws where the laws provide for their
own effectivity dates. They also pointed out that most of own effectivity dates. They also pointed out that most of
the presidential issuances have their own effectivity the presidential issuances have their own effectivity
date hence publication on the Official Gazette is not date hence publication on the Official Gazette is not
indespensible fot their effectivity. The petitioner argued indespensible fot their effectivity. The petitioner argued
with Article 2 of the Civil Code of the Phils. that stating, with Article 2 of the Civil Code of the Phils. that stating,
“Laws shall take effect after fifteen days following the “Laws shall take effect after fifteen days following the
completion of their publication in the Official Gazette, completion of their publication in the Official Gazette,
unless otherwise provided, ..” unless otherwise provided, ..”

Issue: Issue:

 Whether or not the presidential issuance can  Whether or not the presidential issuance can
be made effective when it does have its own be made effective when it does have its own
effectiveness date without the publication on effectiveness date without the publication on
the Official Gazette. the Official Gazette.

 Whether or not a distinction be made between  Whether or not a distinction be made between
laws of general applicability and laws which laws of general applicability and laws which
are not as to their publication. are not as to their publication.

Held: Held:

 The “unless otherwise provided” refers to the  The “unless otherwise provided” refers to the
date of effectivity and not to the requirement date of effectivity and not to the requirement
of the publication itself. of the publication itself.

The court stated that even the law did The court stated that even the law did
include its own effectivity date it shall be include its own effectivity date it shall be
published in the Official Gazette. The manner published in the Official Gazette. The manner
of publication are all in the Section 1 of of publication are all in the Section 1 of
Commonwealth Act 638. Commonwealth Act 638.

Section 1. There shall be published in the Section 1. There shall be published in the
Official Gazette [1] all important legisiative Official Gazette [1] all important legisiative
acts and resolutions of a public nature of the, acts and resolutions of a public nature of the,
Congress of the Philippines; [2] all executive Congress of the Philippines; [2] all executive
and administrative orders and proclamations, and administrative orders and proclamations,
except such as have no general applicability; except such as have no general applicability;
[3] decisions or abstracts of decisions of the [3] decisions or abstracts of decisions of the
Supreme Court and the Court of Appeals as Supreme Court and the Court of Appeals as
may be deemed by said courts of sufficient may be deemed by said courts of sufficient
importance to be so published; [4] such importance to be so published; [4] such
documents or classes of documents as may be documents or classes of documents as may be
required so to be published by law; and [5] required so to be published by law; and [5]
such documents or classes of documents as such documents or classes of documents as
the President of the Philippines shall the President of the Philippines shall
determine from time to time to have general determine from time to time to have general
applicability and legal effect, or which he may applicability and legal effect, or which he may
authorize so to be published. ... authorize so to be published. ...

 The publication of all presidential issuances  The publication of all presidential issuances
“in a public nature” or “of general applicability” “in a public nature” or “of general applicability”
is mandated by the law. Presidential decrees is mandated by the law. Presidential decrees
that provide for fines, forfeitures or penalties that provide for fines, forfeitures or penalties
for their violation or otherwise impose a for their violation or otherwise impose a
burden or. the people, such as tax and revenue burden or. the people, such as tax and revenue
measures, fall within this category. Other measures, fall within this category. Other
presidential issuances which apply only to presidential issuances which apply only to
particular persons or class of persons such as particular persons or class of persons such as
administrative and executive orders need not administrative and executive orders need not
be published on the assumption that they be published on the assumption that they
have been circularized to all concerned. have been circularized to all concerned.