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TAÑADA vs. TUVERA

The Supreme Court ordered respondents to publish all unpublished presidential decrees, orders, and proclamations that are generally applicable. Petitioners sought a writ of mandamus to compel publication in the Official Gazette. Respondents argued petitioners lacked legal standing and publication was not required if laws specify their own effectivity dates. However, the Court allowed the petition and ruled the "unless otherwise provided" clause in the Civil Code refers to effectivity dates, not the publication requirement, which cannot be omitted. Presidential issuances of general applicability must be published to be binding, while those concerning specific persons need not be if circulated to those concerned.

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56 views1 page

TAÑADA vs. TUVERA

The Supreme Court ordered respondents to publish all unpublished presidential decrees, orders, and proclamations that are generally applicable. Petitioners sought a writ of mandamus to compel publication in the Official Gazette. Respondents argued petitioners lacked legal standing and publication was not required if laws specify their own effectivity dates. However, the Court allowed the petition and ruled the "unless otherwise provided" clause in the Civil Code refers to effectivity dates, not the publication requirement, which cannot be omitted. Presidential issuances of general applicability must be published to be binding, while those concerning specific persons need not be if circulated to those concerned.

Uploaded by

Ton Egas
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as DOCX, PDF, TXT or read online on Scribd
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TAÑADA vs.

TUVERA
G.R. No. L-63915
FACTS:
Petitioners sought a writ of mandamus to compel the respondents to publish, and/or
cause the publication in the Official Gazette of the unpublished presidential decrees,
letters of instruction, general orders, proclamation, executive orders, letter of
implementation and administrative orders. In defense, respondents claimed that the
petitioners have no legal personality in the case citing Sec. 3, Rule 65 of the Rules of
Court which lays-out the requirement for filing for a Writ of Mandamus. On the other
hand, petitioners affirmed that the subject of the petition concerns public right and its
object is to compel the performance of a public duty and it does not require any
special circumstance to institute an action. The court permitted the petitioners to
institute the proceedings, citing that it would be difficult to conceive of any other
person to initiate the same. Furthermore, respondents alleged that publication of the
above mentioned issuances in the Official Gazette is not a sine qua non requirement if
the Law provides its own effectivity date as stated in Art. 2 of the Civil Code.

ISSUE:
Whether or not publication is required even if the laws provides for their own
effectivity date in view of the clause “unless it is otherwise provided.”

HELD:
The Supreme Court ordered the respondents to publish in the Official Gazette all
unpublished presidential issuances which are of general application. They shall have
no binding force and effect unless published. The clause “unless it is otherwise
provided,” in Article 2 of the Civil Code, refers to the date of effectivity and not to the
requirement of publication itself, which cannot in any event be omitted. This clause
does not mean that the legislature may make the law effective immediately upon
approval, or on any other date, without its previous publication.

The legislature may in its discretion provide that the usual fifteen-day period shall be
shortened or extended. The Supreme Court declared that all laws shall immediately
upon their 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 the legislature, in accordance with Article 2 of the Civil Code.

Failure to publish would create injustice as it would punish the citizen for
transgression of the law which he had no notice; therefore, publication is mandatory
in all presidential issuances “of public nature” or “of general applicability.” Other
presidential issuances which apply only to particular persons or class of persons such
as administrative and executive orders need not to be published on the assumption
that they have been circularized to all concerned.

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