Tañada v.

Tuvera
G.R. No. L-63915 | 29 December 1986 | Cruz, J.
Aggy

Doctrine:
Publication of laws are indispensable in every case because to hold that it may be dispensed will prejudice
people as they will be expected to follow a rule that they have no knowledge of.

Facts:
THIS IS A RESOLUTION OF THE PREVIOUS PETITION THAT SEEKED THE PUBLICATION OF
CERTAIN PDs.

1. Petitioners (Tañada, Sarmiento & MABINI) invoked due process in demanding the disclosure of
certain presidential decrees that were not published as required by law.
2. In the previous petition, SC affirmed the necessity of publication of laws in accordance to Article 2 of
the Civil Code.
3. Petitioners, now, come to ask for clarification on the kinds of laws that need publication.

Issue/s:
1. W/N publication of laws may be dispensed with due to the “unless otherwise provided” clause of
Article 2 of the Civil Code – NO.
2. W/N administrative regulations must also be published? – YES.

Holding:
1. SC affirmed that the clause only refers to the law’s date of effectivity, and NOT the publication
requirement. Publication is indispensable because it will inform the people of the rules that are
supposed to govern them. To hold that publication may be dispensed with is to violate due process
because it will prejudice the people as they cannot be expected to follow a law or rule that they have
no knowledge of. It is the “publication” that presupposes that people are aware of the laws.

Further, Section 6 of the Bill of Rights recognizes “the right of the people to information on matters of
public concern, and this certainly applies to, among others, and indeed especially, the legislative
enactments of the government.

2. WHAT NEEDS TO BE PUBLISHED: All statutes, including those of local application and private
laws, shall be published as a condition for their effectivity. Administrative regulations also need to
be published if their purpose is to enforce or implement existing law pursuant also to a valid
delegation. Charters of cities also need publication.

WHAT DOES NOT NEED TO BE PUBLISHED: Interpretative regulations and those merely
internal in nature, that is regulating only the personnel of the administrative agency and not the
public, need not be published.

Ruling:
It is hereby declared that all laws as above defined shall immediately upon their approval, or as soon
thereafter as possible, be published in full in the Official Gazette, to become effective only after fifteen
days from their publication, or on another date specified by the legislature, in accordance with Article 2
of the Civil Code.

Relevant Provisions: