The Supreme Court ruled that publication in the Official Gazette is required before any law or statute becomes valid and enforceable. The case was filed by petitioners invoking the people's right to be informed on matters of public concern and the principle that laws must be published to be valid. While the Solicitor General argued the petitioners had no legal personality, the Court held that Article 2 of the Civil Code does not preclude the publication requirement, and that without notice through publication, citizens could not reasonably be expected to follow laws they had no knowledge of. The Court declared presidential issuances of general applicability that were not published had no force or effect.
The Supreme Court ruled that publication in the Official Gazette is required before any law or statute becomes valid and enforceable. The case was filed by petitioners invoking the people's right to be informed on matters of public concern and the principle that laws must be published to be valid. While the Solicitor General argued the petitioners had no legal personality, the Court held that Article 2 of the Civil Code does not preclude the publication requirement, and that without notice through publication, citizens could not reasonably be expected to follow laws they had no knowledge of. The Court declared presidential issuances of general applicability that were not published had no force or effect.
The Supreme Court ruled that publication in the Official Gazette is required before any law or statute becomes valid and enforceable. The case was filed by petitioners invoking the people's right to be informed on matters of public concern and the principle that laws must be published to be valid. While the Solicitor General argued the petitioners had no legal personality, the Court held that Article 2 of the Civil Code does not preclude the publication requirement, and that without notice through publication, citizens could not reasonably be expected to follow laws they had no knowledge of. The Court declared presidential issuances of general applicability that were not published had no force or effect.
Tañada vs. Tuvera 136 SCRA 27 (April 24, 1985) 146 SCRA 446 (December 29, 1986) TAÑADA VS. TUVERA
136 SCRA 27 (April 24, 1985)
FACTS:
Invoking the right of the people to be informed on matters of public
concern as well as the principle that laws to be valid and enforceable must be published in the Official Gazette, petitioners filed for writ of mandamus to compel respondent public officials to publish and/or cause to publish various presidential decrees, letters of instructions, general orders, proclamations, executive orders, letters of implementations and administrative orders.
The Solicitor General, representing the respondents, moved for the
dismissal of the case, contending that petitioners have no legal personality to bring the instant petition.
ISSUE:
Whether or not publication in the Official Gazette is required before
any law or statute becomes valid and enforceable.
HELD:
Art. 2 of the Civil Code does not preclude the requirement of
publication in the Official Gazette, even if the law itself provides for the date of its effectivity. The clear object of this provision is to give the general public adequate notice of the various laws which are to regulate their actions and conduct as citizens. Without such notice and publication, there would be no basis for the application of the maxim ignoratia legis nominem excusat. It would be the height of injustive to punish or otherwise burden a citizen for the transgression of a law which he had no notice whatsoever, not even a constructive one.
The very first clause of Section 1 of CA 638 reads: there shall be
published in the Official Gazette…. The word “shall” therein imposes upon respondent officials an imperative duty. That duty must be enforced if the constitutional right of the people to be informed on matter of public concern is to be given substance and validity.
The publication of presidential issuances of public nature or of
general applicability is a requirement of due process. It is a rule of law that before a person may be bound by law, he must first be officially and specifically informed of its contents. The Court declared that presidential issuances of general application which have not been published have no force and effect.
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