Tanada V Tuvera

WHEN STATUTES BECOME EFFECTIVE
Tanada v. Tuvera
G.R. No. L-63915
LORENZO M. TAÑADA, ABRAHAM F. SARMIENTO, and MOVEMENT OF ATTORNEYS FOR

BROTHERHOOD, INTEGRITY AND NATIONALISM, INC. [MABINI]
vs.
HON. JUAN C. TUVERA, in his capacity as Executive Assistant to the President, HON.
JOAQUIN VENUS, in his capacity as Deputy Executive Assistant to the President ,
MELQUIADES P. DE LA CRUZ, in his capacity as Director, Malacañang Records Office, and
FLORENDO S. PABLO, in his capacity as Director, Bureau of Printing.
April 24, 1985| ESCOLIN, J.| WHEN STATUTES BECOME EFFECTIVE
Pe oners:
LORENZO M. TAÑADA, ABRAHAM F. SARMIENTO, and MOVEMENT OF ATTORNEYS FOR
BROTHERHOOD, INTEGRITY AND NATIONALISM, INC. [MABINI]
Respondents:
HON. JUAN C. TUVERA, in his capacity as Execu ve Assistant to the President, HON.
JOAQUIN VENUS, in his capacity as Deputy Execu ve Assistant to the President , MELQUIADES
P. DE LA CRUZ, in his capacity as Director, Malacañang Records Office, and FLORENDO S. PABLO,
in his capacity as Director, Bureau of Prin ng
SUMMARY:
Several residen al Decrees (PD), General Orders (GO), Proclama ons, Execu ve
Orders (EO), Le ers of Implementa on, and Administra ve Orders (AO) were deemed in effect
by herein respondents. However, pe oners contends that the same should be published in
Official Gaze e as a ma er of right to informa on of the public. Hence, this pe on for
mandamus to compel the respondents to publish said issuances.
DOCTRINE:
In a long line of decisions, this Court has ruled that publica on in the Official Gaze e
is necessary in those cases where the legisla on itself does not provide for its effec vity
date-for then the date of publica on is material for determining its date of effec vity, which
is the fi eenth day following its publica on-but not when the law itself provides for the date
when it goes into effect.
FACTS:
Herein pe oners sought for a Writ of Mandamus to be issued to the respondents to cause
publica on of several Presiden al Decrees (PD), General Orders (GO), Proclama ons, Execu ve Orders
(EO), Le ers of Implementa on, and Administra ve Orders (AO) on the ground that the public has the
right to be informed. Respondents, through the Solicitor General (SolGen), commented that pe oners
have no legal standing in this case, hence should be dismissed outright. In reply thereto, pe oners
averred that the pe on concerns a public right and its objec ve is to compel the performance of a specific
duty. Further, respondents contended that publica on in the Official Gaze e is not a requirement for such
issuances as the same has their respec ve dates of effec vity.
ISSUE/S:
WON the issuances in ques on, i.e. of several Presiden al Decrees (PD), General Orders (GO),
Proclama ons, Execu ve Orders (EO), Le ers of Implementa on, and Administra ve Orders (AO), should
be published to be in force and have effect.
RATIO:
Yes, the issuances in ques on, i.e. of several Presiden al Decrees (PD), General Orders (GO),
Proclama ons, Execu ve Orders (EO), Le ers of Implementa on, and Administra ve Orders (AO), should
be published to be in force and have effect. The Court declared that presiden al issuances of general
applica on, which have not been published, shall have no force and effect.
WHEN STATUTES BECOME EFFECTIVE
Tanada v. Tuvera
As properly contended by the pe oners, publica on of the same is merely a public duty and they
are not compelled to show any specific interest in this pe on for the same to be given due course. A writ
of mandamus may be granted to a private individual when some par cular right. to be concerns the public
at large. It is clear that the right being sought by the pe oners is a public right recognized by the law of
the land.
The conten on of the respondents that said issuances has effec vity date is unfounded. While the
Court notes the cita on of respondents of Ar cle 2 of the Civil Code, it was elucidated that “unless
otherwise provided” only applies to those laws that doesn’t have effec vity date. Such laws without
effec vity date, by virtue of such provision shall take effect fi een (15) days upon publica on thereof. In
addi on thereto, the Court cited Ar cle 1 of the Commonwealth Act 638 which is deemed clear to provide
adequate no ce to public as without no ce and publica on, there would be no basis for “ignorance from
the law excuses no one” and that it would be the height of injus ce should a ci zen be punished for
transgression without due no ce.
It has been vital for the laws to be published as without publica on, the people will have no means
of knowing what PDs have actually been promulgated. It is a way of informing the public of the contents
of such issuances. Ar cle I of Commonwealth Act 638 used the term “shall” in publica ons, which has
been construed to be impera ve. It is a rule of law that one must be officially and specifically informed of
contents of law that binds him with the land and its government.
Undeniably, none of unpublished PDs has ever been implemented or enforced by the government.
FALLO:
WHEREFORE, the Court hereby orders respondents to publish in the Official Gaze e all
unpublished presiden al issuances which are of general applica on, and unless so published, they shall
have no binding force and effect.
SO ORDERED.

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WHEN STATUTES BECOME EFFECTIVE

G.R. No. L-63915

LORENZO M. TAÑADA, ABRAHAM F. SARMIENTO, and MOVEMENT OF ATTORNEYS FOR

April 24, 1985| ESCOLIN, J.| WHEN STATUTES BECOME EFFECTIVE

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