Taada vs.

Tuvera 136 SCRA 27 (April 24, 1985) 146 SCRA 446

(December 29, 1986)
TAADA VS. TUVERA - 136 SCRA 27 (April 24, 1985)

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.

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.

TAADA VS. TUVERA - 146 SCRA 446 (December 29, 1986)

FACTS:
This is a motion for reconsideration of the decision promulgated on April 24,
1985. Respondent argued that while publication was necessary as a rule, it
was not so when it was otherwise as when the decrees themselves
declared that they were to become effective immediately upon their approval.
ISSUES:

ISSUE:

1. Whether or not a distinction be made between laws of general applicability

and laws which are not as to their publication;

Whether or not publication in the Official Gazette is required before any law
or statute becomes valid and enforceable.

2. Whether or not a publication shall be made in publications of general

circulation.

HELD:

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 clause unless it is otherwise provided 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 in any other date, without its previous
publication.

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

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. A law without any bearing on the
public would be invalid as an intrusion of privacy or as class legislation or as
an ultra vires act of the legislature. To be valid, the law must invariably affect
the public interest eve if it might be directly applicable only to one individual,
or some of the people only, and not to the public as a whole.
All statutes, including those of local application and private laws, shall be
published as a condition for their effectivity, which shall begin 15 days after
publication unless a different effectivity date is fixed by the legislature.

Publication must be in full or it is no publication at all, since its purpose is to

inform the public of the content of the law.
Article 2 of the Civil Code provides that publication of laws must be made in
the Official Gazette, and not elsewhere, as a requirement for their effectivity.
The Supreme Court is not called upon to rule upon the wisdom of a law or to
repeal or modify it if it finds it impractical.
The publication must be made forthwith, or at least as soon as possible.

Newspaper of General Circulation

To be a newspaper of general circulation, it is enough that "it is published for
the dissemination of local news and general information; that it has a bona
fide subscription list of paying subscribers; that it is published at regular
intervals." (Basa v. Mercado, 61 Phil. 632). The newspaper need not have
the largest circulation so long as it is of general circulation. (Banta v.
Pacheco, 74 Phil. 67).

J. Cruz:
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 faint, parry or cut unless the naked blade
is drawn.

(Basa v. Mercado, 61 Phil. 632)

To be a newspaper of general circulation, it is enough that:

It is published for the dissemination of local news and general

information;
It has a bona fide subscription list of paying subscribers; and
It is published at regular intervals.

(Banta v. Pacheco, 74 Phil. 67)

The newspaper need not have the largest circulation so long as it is

of general circulation.

Official Gazette (Philippines)

The Official Gazette is the public journal and main publication of the
government of the Republic of the Philippines.
History
During the Spanish colonial period, there existed many publications by the
government authorities in the islands. In 1852, the Boletin Oficial de Filipinas
was created by law and featured not only official government issuances but
also local and international news and among others, serialized Spanish
novels. It ceased publication by a royal order in 1860.
In 1861, it was revived as the Gaceta de Manila. This was the official gazette
of the government in the Philippines which published government
announcements, new decrees, laws, military information, court decisions,
and the like. It also republished notices originally appearing in the Gaceta de
Madrid which were relevant to the islands and decrees and other notices that
required its publication in the Gaceta de Manila to take effect. By law, certain
officials were required to subscribe to the Gaceta. Publication ceased on
August 8, 1898, five days before the Americans occupied Manila during the
Spanish American war.
The Insular Government began their own official gazette and the Official
Gazette was created under Act No. 453, "An Act providing for the publication
by the Insular Government of an Official Gazette, under the general direction
of the Department of Public Instruction". Enacted by the Philippine
Commission on September 2, 1902, it provided that the Gazette be published
weekly in both English and Spanish.[1] Vol. 1 No. 1 of the Official Gazette
came out on September 10, 1902.
Act No. 664, enacted on March 5, 1903, amended the earlier Act No. 453
and provided for further distribution of the Official Gazette. The 2nd National
Assembly of the Philippines passed Commonwealth Act No. 638, "An Act to
provide for the uniform publication and distribution of the Official Gazette" on

May 22, 1941 which was approved by President Manuel L. Quezon on June
10, 1941.[2]
Executive Order No. 200 s. 1987 issued by President Corazon C. Aquino
states "Laws shall take effect after fifteen days following the completion of
their publication either in the Official Gazette or in a newspaper of general
circulation in the Philippines".
On July 26, 2010, the online version of the Official Gazette was launched.
Executive Order 4, s. 2010, signed by President Benigno S. Aquino III on
July 30, 2010 placed editorial responsibilities for the Official Gazette under
the Presidential Communications Development and Strategic Planning
Office.
Contents
According to Section 1 of Commonwealth Act 638, the contents of the
Official Gazette include the following:

All important legislative acts and resolutions of a public nature of the

Congress of the Philippines;
All executive and administrative orders and proclamations, except
such as have no general applicability;
Decisions or abstracts of decisions of the Supreme Court and the
Court of Appeals as may be deemed by said courts of sufficient
importance to be so published;
Such documents or classes of documents as may be required so to
be published by law; and
Such documents or classes of documents as the President of the
Philippines shall determine from time to time to have general
applicability and legal effect, or which he may authorize so to be
published.