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Case Digest TANADA v. TUVERA, GR L-63915, April 24, 1985, Per J. Escolin, en Banc

The Supreme Court ruled that presidential issuances of general application must be published in the Official Gazette to be effective. While Article 2 of the Civil Code states laws take effect 15 days after publication, presidential issuances can set their own effective dates, so publication is not indispensable. However, issuances that regulate citizens or impose penalties or burdens must be published, as the public has a right to adequate notice of laws governing their actions. Issuances applying only internally or to specific persons need not be published.

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117 views1 page

Case Digest TANADA v. TUVERA, GR L-63915, April 24, 1985, Per J. Escolin, en Banc

The Supreme Court ruled that presidential issuances of general application must be published in the Official Gazette to be effective. While Article 2 of the Civil Code states laws take effect 15 days after publication, presidential issuances can set their own effective dates, so publication is not indispensable. However, issuances that regulate citizens or impose penalties or burdens must be published, as the public has a right to adequate notice of laws governing their actions. Issuances applying only internally or to specific persons need not be published.

Uploaded by

Monica Llenaresas
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© © All Rights Reserved
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(1) TANADA v. TUVERA, GR L-63915, April 24, 1985 [Per J.

Escolin, En Banc]

ISSUE: Whether or not publication is required for presidential issuances of general application to
become binding and effective

FACTS: Lorenzo M. Tanada, Abraham F. Sarmiento, and Movement of Attorneys for Brotherhood,
Integrity and Nationalism, Inc. (MABINI) demanded the disclosure of a number of
presidential decrees which they claimed had not been published as required by law.
However, Hon. Juan C. Tuvera, et al argued that while publication was necessary as a
rule, it was not so when it was “otherwise provided,” as when the decrees themselves
declared that they were to become effective immediately upon their approval. The then
Solicitor General, claimed that the clause “unless it is otherwise provided” in Article 2 of
the Civil Code meant that the publication required therein was not always imperative;
and that publication, when necessary, did not have to be made in the Official Gazette.
The new Solicitor General submitted that issuances intended only for the internal
administration of a government agency or for particular persons did not have to be
published; that publication when necessary must be in full and in the Official Gazette.

RULING: Yes, presidential issuances of general application shall be published in the Official
Gazette for these to become effective.
Under Article 2 of the Civil Code, it states that laws shall take effect after fifteen days
following the completion of their publication in the Official Gazette, unless it is
otherwise provided. The publication in the Official Gazette is a mandatory requirement
for laws to become effective even if the law itself provides for the date of its effectivity.
This is to give the general public adequate notice of the laws which intends to regulate
their actions and conduct as citizens.
In this case, the presidential issuances in question contain special provisions as to the
date they are to take effect, publication in the Official Gazette is not indispensable for
their effectivity

The publication of all presidential issuances "of a public nature" or "of general
applicability" is mandated by law. Obviously, presidential decrees that provide for fines,
forfeitures or penalties for their violation or otherwise impose a burden or. the people,
such as tax and revenue measures, fall within this category. Other presidential
issuances which apply only to particular persons or class of persons such as
administrative and executive orders need not be published on the assumption that they
have been circularized to all concerned. 6

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