SUPREME COURT DECISIONS NEED NOT BE PUBLISHED

There is no law requiring the publication of Supreme Court decisions in the Official Gazette before they
can be binding and as a condition to their becoming effective. (De Roy vs Court of Appeals, G.R. No.
80718, January 29, 1988)

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SUPREME COURT DECISIONS NEED NOT BE PUBLISHED

De Roy vs. Court of Appeals

G.R. No. 80718, January 29, 1988
Cortes, J.

FACTS:
This is a special civil action for certiorari which seeks to reverse the decision of the CA denying Feliza
De Roy’s motion for extension of time to file a motion for reconsideration.

The RTC found De Roy, petitioner, guilty of gross negligence and awarded damages to the heirs of
Marissa Bernal. The decision of the RTC was affirmed by the CA. De Roy filed filed a motion for
extension of time to file a motion for reconsideration. The CA denied the motion.

De Roy contends that the CA committed grave abuse of discretion when it denied the motion for
extension of time. She avers that the ruling in the case of Habaluyas Enterprises v. CA, where the
Court held the 15-day period for appealing or filing a motion for reconsideration cannot be extended, is
not applicable to the case at bar. This is due to the non-publication of the said decision in the official
Gazette as of the time of the promulgation of the decision of the CA.

ISSUE:
Is the publication of a Supreme Court decision in the Official Gazette necessary for its effectivity?

HELD:
No, the publication of an SC decision is not necessary for its effectivity. There is no law requiring the
publication of Supreme Court decisions in the Official Gazette before they can be binding and as a
condition to their becoming effective. It is the bounden duty of counsel as lawyer in active law practice
to keep abreast of decisions of the Supreme Court particularly where issues have been clarified,
consistently reiterated, and published in the advance reports of Supreme Court decisions (G. R. s) and
in such publications as the Supreme Court Reports Annotated (SCRA) and law journals.