10 LORENZO TANADA, et al v. HON.
TUVERA  Publication is indispensable in every case, but the legislature may in its
G.R. No. L-63915 | 29 December 1986| J. CRUZ | PINEDA
TOPIC: effectivity of penal laws
DOCTRINE:
Publication is indispensable in every case, but the legislature may in its
discretion provide that the usual fifteen-day period shall be shortened or
extended. Non-publication would offend due process as it would deny the
public knowledge of the laws. It is not unlikely that persons not aware of it
would be prejudiced as a result and they would be so not because of a failure
to comply with but simply because they did not know of its existence,
FACTS:
1. Tanada, et.al. were assailing the validity of presidential decrees (PD)
which they claimed had not been published as required by law and
thus violates due process.
2. Tuvera argues that publication is not required when “otherwise
provided” – such as in this case, as the PDs provided for their own
effectivity. Further, publication, when necessary, need not be made in
the Official Gazette.
3. SC, in the 1985 decision, held publication is required. Hence, the MR.
ISSUE/S:
W/N publication is required for the laws’ effectivity
HELD/RULING:
YES. As the Presidential Decrees are laws, they must be published. Further, they
must be published in full. The mere mention of the number of the presidential
decree, the title of such decree, its whereabouts (e.g., "with Secretary
Tuvera"), the supposed date of effectivity, and in a mere supplement of the
Official Gazette cannot satisfy the publication requirement. SC ordered the
PDs to be published in order to take effect.
 The “unless it is otherwise provided” clause in the Civil Code provision
on publication refers to date of effectivity and not to the requirement
of publication itself. This clause does not mean that the legislative
body may make the law effective immediately upon approval.
Publication can never be omitted.
discretion provide that the usual fifteen-day period shall be shortened
or extended.
o Non-publication would offend due process as it would deny
the public knowledge of the laws. It is not unlikely that persons
not aware of it would be prejudiced as a result and they
would be so not because of a failure to comply with but
simply because they did not know of its existence.
o Further, the Civil Code provides that every person is presumed
to know the law. This presumption cannot stand without
publication.
o Furthermore, the Bill of Rights guarantees the right of the
people to information on matters of public concern.
 The term "laws" should refer to all laws and not only to those of general
application, for strictly speaking all laws relate to the people in
general albeit there are some that do not apply to them directly.
All statutes, including those of local application and private laws, shall
be published as a condition for their effectivity, which shall begin
fifteen days after publication unless a different effectivity date is fixed
by the legislature.
o However, internal matters/issuances need not be published.
 Publication must be in full or it is no publication since the purpose
thereof is to inform the public of the contents of the laws.
o Note: Also, at this time, the law did not provide for publication
in newspaper of general circulation. Hence, the SC required it
to be done in the Official Gazette.
“Laws must come out in the open in the clear light of the sun instead of skulking
in the shadows with their dark, deep secrets. Mysterious pronouncements and
rumored rules cannot be recognized as binding unless their existence and
contents are confirmed by a valid publication intended to make full disclosure
and give proper notice to the people. The furtive law is like a scabbarded saber
that cannot feint parry or cut unless the naked blade is drawn.”