Republic of the Philippines 1. What is meant by "law of public nature" or "general applicability"?

SUPREME COURT
Manila 2. Must a distinction be made between laws of general applicability
and laws which are not?
G.R. No. L-63915 December 29, 1986
3. What is meant by "publication"?
LORENZO M. TAÑ;ADA, ABRAHAM F. SARMIENTO, and
MOVEMENT OF ATTORNEYS FOR BROTHERHOOD, INTEGRITY 4. Where is the publication to be made?
AND NATIONALISM, INC. (MABINI), petitioners,
vs. 5. When is the publication to be made?
HON. JUAN C. TUVERA, in his capacity as Executive Assistant to
the President, HON. JOAQUIN VENUS, in his capacity as Deputy Resolving their own doubts, the petitioners suggest that there should
Executive Assistant to the President, MELQUIADES P. DE LA be no distinction between laws of general applicability and those
CRUZ, ETC., ET AL., respondents. which are not; that publication means complete publication; and that
the publication must be made forthwith in the Official Gazette. 2
RESOLUTION
In the Comment 3 required of the then Solicitor General, he claimed
first that the motion was a request for an advisory opinion and should
therefore be dismissed, and, on the merits, that the clause "unless it is
CRUZ, J.: otherwise provided" in Article 2 of the Civil Code meant that the
publication required therein was not always imperative; that
Due process was invoked by the petitioners in demanding the publication, when necessary, did not have to be made in the Official
disclosure of a number of presidential decrees which they claimed Gazette; and that in any case the subject decision was concurred in
had not been published as required by law. The government argued only by three justices and consequently not binding. This elicited a
that while publication was necessary as a rule, it was not so when it Reply 4 refuting these arguments. Came next the February Revolution
was "otherwise provided," as when the decrees themselves declared and the Court required the new Solicitor General to file a Rejoinder in
that they were to become effective immediately upon their approval. In view of the supervening events, under Rule 3, Section 18, of the
the decision of this case on April 24, 1985, the Court affirmed the Rules of Court. Responding, he submitted that issuances intended
necessity for the publication of some of these decrees, declaring in only for the internal administration of a government agency or for
the dispositive portion as follows: particular persons did not have to be 'Published; that publication when
necessary must be in full and in the Official Gazette; and that,
WHEREFORE, the Court hereby orders respondents to however, the decision under reconsideration was not binding because
publish in the Official Gazette all unpublished presidential it was not supported by eight members of this Court. 5
issuances which are of general application, and unless so
published, they shall have no binding force and effect. The subject of contention is Article 2 of the Civil Code providing as
follows:
The petitioners are now before us again, this time to move for
reconsideration/clarification of that decision. 1Specifically, they ask the ART. 2. Laws shall take effect after fifteen days following the
following questions: completion of their publication in the Official Gazette, unless it

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 is otherwise provided. This Code shall take effect one year concern," and this certainly applies to, among others, and indeed
after such publication. especially, the legislative enactments of the government.

After a careful study of this provision and of the arguments of the The term "laws" should refer to all laws and not only to those of
parties, both on the original petition and on the instant motion, we general application, for strictly speaking all laws relate to the people in
have come to the conclusion and so hold, that the clause "unless it is general albeit there are some that do not apply to them directly. An
otherwise provided" refers to the date of effectivity and not to the example is a law granting citizenship to a particular individual, like a
requirement of publication itself, which cannot in any event be relative of President Marcos who was decreed instant naturalization. It
omitted. This clause does not mean that the legislature may make the surely cannot be said that such a law does not affect the public
law effective immediately upon approval, or on any other date, without although it unquestionably does not apply directly to all the people.
its previous publication. The subject of such law is a matter of public interest which any
member of the body politic may question in the political forums or, if
Publication is indispensable in every case, but the legislature may in he is a proper party, even in the courts of justice. In fact, a law without
its discretion provide that the usual fifteen-day period shall be any bearing on the public would be invalid as an intrusion of privacy or
shortened or extended. An example, as pointed out by the present as class legislation or as an ultra vires act of the legislature. To be
Chief Justice in his separate concurrence in the original decision, 6 is valid, the law must invariably affect the public interest even if it might
the Civil Code which did not become effective after fifteen days from be directly applicable only to one individual, or some of the people
its publication in the Official Gazette but "one year after such only, and t to the public as a whole.
publication." The general rule did not apply because it was "otherwise
provided. " We hold therefore that all statutes, including those of local application
and private laws, shall be published as a condition for their effectivity,
It is not correct to say that under the disputed clause publication may which shall begin fifteen days after publication unless a different
be dispensed with altogether. The reason. is that such omission would effectivity date is fixed by the legislature.
offend due process insofar as it would deny the public knowledge of
the laws that are supposed to govern the legislature could validly Covered by this rule are presidential decrees and executive orders
provide that a law e effective immediately upon its approval promulgated by the President in the exercise of legislative powers
notwithstanding the lack of publication (or after an unreasonably short whenever the same are validly delegated by the legislature or, at
period after publication), it is not unlikely that persons not aware of it present, directly conferred by the Constitution. administrative rules
would be prejudiced as a result and they would be so not because of and regulations must a also be published if their purpose is to enforce
a failure to comply with but simply because they did not know of its or implement existing law pursuant also to a valid delegation.
existence, Significantly, this is not true only of penal laws as is
commonly supposed. One can think of many non-penal measures, Interpretative regulations and those merely internal in nature, that is,
like a law on prescription, which must also be communicated to the regulating only the personnel of the administrative agency and not the
persons they may affect before they can begin to operate. public, need not be published. Neither is publication required of the
so-called letters of instructions issued by administrative superiors
We note at this point the conclusive presumption that every person concerning the rules or guidelines to be followed by their subordinates
knows the law, which of course presupposes that the law has been in the performance of their duties.
published if the presumption is to have any legal justification at all. It is
no less important to remember that Section 6 of the Bill of Rights Accordingly, even the charter of a city must be published
recognizes "the right of the people to information on matters of public notwithstanding that it applies to only a portion of the national territory

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and directly affects only the inhabitants of that place. All presidential limited readership. Undoubtedly, newspapers of general circulation
decrees must be published, including even, say, those naming a could better perform the function of communicating, the laws to the
public place after a favored individual or exempting him from certain people as such periodicals are more easily available, have a wider
prohibitions or requirements. The circulars issued by the Monetary readership, and come out regularly. The trouble, though, is that this
Board must be published if they are meant not merely to interpret but kind of publication is not the one required or authorized by existing
to "fill in the details" of the Central Bank Act which that body is law. As far as we know, no amendment has been made of Article 2 of
supposed to enforce. the Civil Code. The Solicitor General has not pointed to such a law,
and we have no information that it exists. If it does, it obviously has
However, no publication is required of the instructions issued by, say, not yet been published.
the Minister of Social Welfare on the case studies to be made in
petitions for adoption or the rules laid down by the head of a At any rate, this Court is not called upon to rule upon the wisdom of a
government agency on the assignments or workload of his personnel law or to repeal or modify it if we find it impractical. That is not our
or the wearing of office uniforms. Parenthetically, municipal function. That function belongs to the legislature. Our task is merely to
ordinances are not covered by this rule but by the Local Government interpret and apply the law as conceived and approved by the political
Code. departments of the government in accordance with the prescribed
procedure. Consequently, we have no choice but to pronounce that
We agree that publication must be in full or it is no publication at all under Article 2 of the Civil Code, the publication of laws must be made
since its purpose is to inform the public of the contents of the laws. As in the Official Gazett and not elsewhere, as a requirement for their
correctly pointed out by the petitioners, the mere mention of the effectivity after fifteen days from such publication or after a different
number of the presidential decree, the title of such decree, its period provided by the legislature.
whereabouts (e.g., "with Secretary Tuvera"), the supposed date of
effectivity, and in a mere supplement of the Official Gazette cannot We also hold that the publication must be made forthwith or at least
satisfy the publication requirement. This is not even substantial as soon as possible, to give effect to the law pursuant to the said
compliance. This was the manner, incidentally, in which the General Article 2. There is that possibility, of course, although not suggested
Appropriations Act for FY 1975, a presidential decree undeniably of by the parties that a law could be rendered unenforceable by a mere
general applicability and interest, was "published" by the Marcos refusal of the executive, for whatever reason, to cause its publication
administration. 7 The evident purpose was to withhold rather than as required. This is a matter, however, that we do not need to
disclose information on this vital law. examine at this time.

Coming now to the original decision, it is true that only four justices Finally, the claim of the former Solicitor General that the instant
were categorically for publication in the Official Gazette 8 and that six motion is a request for an advisory opinion is untenable, to say the
others felt that publication could be made elsewhere as long as the least, and deserves no further comment.
people were sufficiently informed. 9 One reserved his vote 10 and
another merely acknowledged the need for due publication without The days of the secret laws and the unpublished decrees are over.
indicating where it should be made. 11 It is therefore necessary for the This is once again an open society, with all the acts of the government
present membership of this Court to arrive at a clear consensus on subject to public scrutiny and available always to public cognizance.
this matter and to lay down a binding decision supported by the This has to be so if our country is to remain democratic, with
necessary vote. sovereignty residing in the people and all government authority
emanating from them.
There is much to be said of the view that the publication need not be
made in the Official Gazette, considering its erratic releases and
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Although they have delegated the power of legislation, they retain the legislative mill as it happened in the past regime. Thus, in those days,
authority to review the work of their delegates and to ratify or reject it it was not surprising to witness the sad spectacle of two presidential
according to their lights, through their freedom of expression and their decrees bearing the same number, although covering two different
right of suffrage. This they cannot do if the acts of the legislature are subject matters. In point is the case of two presidential decrees
concealed. bearing number 1686 issued on March 19, 1980, one granting
Philippine citizenship to Michael M. Keon the then President's nephew
Laws must come out in the open in the clear light of the sun instead of and the other imposing a tax on every motor vehicle equipped with
skulking in the shadows with their dark, deep secrets. Mysterious airconditioner. This was further exacerbated by the issuance of PD
pronouncements and rumored rules cannot be recognized as binding No. 1686-A also on March 19, 1980 granting Philippine citizenship to
unless their existence and contents are confirmed by a valid basketball players Jeffrey Moore and Dennis George Still
publication intended to make full disclosure and give proper notice to
the people. The furtive law is like a scabbarded saber that cannot feint The categorical statement by this Court on the need for publication
parry or cut unless the naked blade is drawn. before any law may be made effective seeks prevent abuses on the
part of the lawmakers and, at the same time, ensures to the people
WHEREFORE, it is hereby declared that all laws as above defined their constitutional right to due process and to information on matters
shall immediately upon their approval, or as soon thereafter as of public concern.
possible, be published in full in the Official Gazette, to become
effective only after fifteen days from their publication, or on another FELICIANO, J., concurring:
date specified by the legislature, in accordance with Article 2 of the
Civil Code. I agree entirely with the opinion of the court so eloquently written by
Mr. Justice Isagani A. Cruz. At the same time, I wish to add a few
SO ORDERED. statements to reflect my understanding of what the Court is saying.

Teehankee, C.J., Feria, Yap, Narvasa, Melencio-Herrera, Alampay, A statute which by its terms provides for its coming into effect
Gutierrez, Jr., and Paras, JJ., concur. immediately upon approval thereof, is properly interpreted as coming
into effect immediately upon publication thereof in the Official Gazette
as provided in Article 2 of the Civil Code. Such statute, in other words,
should not be regarded as purporting literally to come into effect
Separate Opinions immediately upon its approval or enactment and without need of
publication. For so to interpret such statute would be to collide with
FERNAN, J., concurring: the constitutional obstacle posed by the due process clause. The
enforcement of prescriptions which are both unknown to and
While concurring in the Court's opinion penned by my distinguished unknowable by those subjected to the statute, has been throughout
colleague, Mr. Justice Isagani A. Cruz, I would like to add a few history a common tool of tyrannical governments. Such application
observations. Even as a Member of the defunct Batasang Pambansa, and enforcement constitutes at bottom a negation of the fundamental
I took a strong stand against the insidious manner by which the principle of legality in the relations between a government and its
previous dispensation had promulgated and made effective thousands people.
of decrees, executive orders, letters of instructions, etc. Never has the
law-making power which traditionally belongs to the legislature been At the same time, it is clear that the requirement of publication of a
used and abused to satisfy the whims and caprices of a one-man statute in the Official Gazette, as distinguished from any other

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medium such as a newspaper of general circulation, is embodied in a The categorical statement by this Court on the need for publication
statutory norm and is not a constitutional command. The statutory before any law may be made effective seeks prevent abuses on the
norm is set out in Article 2 of the Civil Code and is supported and part of the lawmakers and, at the same time, ensures to the people
reinforced by Section 1 of Commonwealth Act No. 638 and Section 35 their constitutional right to due process and to information on matters
of the Revised Administrative Code. A specification of the Official of public concern.
Gazette as the prescribed medium of publication may therefore be
changed. Article 2 of the Civil Code could, without creating a FELICIANO, J., concurring:
constitutional problem, be amended by a subsequent statute
providing, for instance, for publication either in the Official Gazette or I agree entirely with the opinion of the court so eloquently written by
in a newspaper of general circulation in the country. Until such an Mr. Justice Isagani A. Cruz. At the same time, I wish to add a few
amendatory statute is in fact enacted, Article 2 of the Civil Code must statements to reflect my understanding of what the Court is saying.
be obeyed and publication effected in the Official Gazette and not in
any other medium. A statute which by its terms provides for its coming into effect
immediately upon approval thereof, is properly interpreted as coming
into effect immediately upon publication thereof in the Official Gazette
as provided in Article 2 of the Civil Code. Such statute, in other words,
Separate Opinions should not be regarded as purporting literally to come into effect
immediately upon its approval or enactment and without need of
FERNAN, J., concurring: publication. For so to interpret such statute would be to collide with
the constitutional obstacle posed by the due process clause. The
While concurring in the Court's opinion penned by my distinguished enforcement of prescriptions which are both unknown to and
colleague, Mr. Justice Isagani A. Cruz, I would like to add a few unknowable by those subjected to the statute, has been throughout
observations. Even as a Member of the defunct Batasang Pambansa, history a common tool of tyrannical governments. Such application
I took a strong stand against the insidious manner by which the and enforcement constitutes at bottom a negation of the fundamental
previous dispensation had promulgated and made effective thousands principle of legality in the relations between a government and its
of decrees, executive orders, letters of instructions, etc. Never has the people.
law-making power which traditionally belongs to the legislature been
used and abused to satisfy the whims and caprices of a one-man At the same time, it is clear that the requirement of publication of a
legislative mill as it happened in the past regime. Thus, in those days, statute in the Official Gazette, as distinguished from any other
it was not surprising to witness the sad spectacle of two presidential medium such as a newspaper of general circulation, is embodied in a
decrees bearing the same number, although covering two different statutory norm and is not a constitutional command. The statutory
subject matters. In point is the case of two presidential decrees norm is set out in Article 2 of the Civil Code and is supported and
bearing number 1686 issued on March 19, 1980, one granting reinforced by Section 1 of Commonwealth Act No. 638 and Section 35
Philippine citizenship to Michael M. Keon the then President's nephew of the Revised Administrative Code. A specification of the Official
and the other imposing a tax on every motor vehicle equipped with Gazette as the prescribed medium of publication may therefore be
airconditioner. This was further exacerbated by the issuance of PD changed. Article 2 of the Civil Code could, without creating a
No. 1686-A also on March 19, 1980 granting Philippine citizenship to constitutional problem, be amended by a subsequent statute
basketball players Jeffrey Moore and Dennis George Still providing, for instance, for publication either in the Official Gazette or
in a newspaper of general circulation in the country. Until such an
amendatory statute is in fact enacted, Article 2 of the Civil Code must

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be obeyed and publication effected in the Official Gazette and not in
any other medium.

Footnotes

1 Rollo pp. 242-250.

2 Ibid, pp. 244-248.

3 Id, pp. 271-280.

4 Id, pp. 288-299.

5 Id, pp. 320-322.

6 136 SCRA 27,46.

7 Rollo, p. 24,6.

8 Justices Venicio Escolin (ponente), Claudio Teehankee.

Ameurfina Melencio-Herrera, and Lorenzo Relova.

9 Chief Justice Enrique M. Fernando and Justices Felix V.

Makasiar, Vicente Abad-Santos, Efren 1. Plana Serafin P.
Cuevas. and Nestor B. Alampay.

10 Justice Hugo E. Gutierrez, Jr.

11 Justice B. S. de la Fuente.

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