P01 Tañada v.

Tuvera AUTHOR: Luna

136 SCRA 27 NOTES: Publication is a REQUIREMENT!
TOPIC: When Law Takes Effect
PONENTE: ESCOLIN, J.:
Law (NCC)
Art. 2 – “Laws shall take effect after fifteen days following the completion of their publication in the Official Gazette,
unless it is otherwise provided. This Code shall take effect one year after such publication.”
Art. 3 – “Ignorance of the law excuses no one from compliance therewith. (2)”
Emergency Recit: Petitioner wanted for the ff. PDs to be published in the official gazette because it is a requirement
under the civil code, Art. 2 and this supports the art. 3 since once it is published, no knowledge about it will no longer
be an excuse. The court ruled that the PDs needs to be published in the official gazette for it to take effect and be
enforceable.
FACTS:

 Petitioners invoked the people’s right to be informed on the matters of public concern (Sect. 6, Art IV of the
1973 Constitution).
 Also invoked the principles that the laws to be valid and enforceable, it must be published in the official
Gazette (Art. 2 of the Civil Code).
 Petitioners seek a Writ of Mandamus to compel respondent public officials to publish in the Official Gazette
the various presidential decrees, letters of implementation, General Orders, Proclamation, Executive Orders,
Letter of Implementation, and Administrative Orders.
 Although the parties are not aggrieved parties which is a requirement in passing a writ of mandamus (Section
3, Rule 65 of the Rules of Court), since the subject of the petitions is a public right and its object is to compel
the performance of a public duty, they need not show any specific interest for their petition to be given due
course.
 Respondents contend that publication in the official gazette is not a sine qua non (essential condition)
requirement for the effectivity of the laws where the laws itself provide for their own effectivity dates.

ISSUE: W/N publication in the official gazette is required before any law or statue becomes valid and enforceable.
HELD: YES. Publication is a requirement for a PD to be in effect and in enforce.
RATIO:

Above quoted provision (Art. 2 of the Civil Code) is to give the general public adequate notice of the various laws
which are to regulate their actions. Otherwise, “ignorantia legis non excusat” will have no basis. (Art. 3 of the Civil
Code: “Ignorance of the Law excuses no one from compliance therewith”.)

Therefore, publication of presidential issuances “of a 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.

“WHEREFORE, the Court hereby orders respondents to publish in the Official Gazette all unpublished presidential
issuances which are of general application, and unless so published, they shall have no binding force and effect."