NAGKAKAISANG MARALITA NG SITIO MASIGASIG, INC.

VS MILITARY SHRINE SERVICES-PVAO

FACTS:

By virtue of Proclamation No. 423, President Carlos P. Garcia reserved a parcel of land in the
Municipality of Pasig, Taguig, Paranaque, Rizal Province and Pasay City for a military reservation to be
known as Fort Bonifacio.

President Ferdinand Marcos issued Proclamation No. 208 amending Proclamation 423 which
excludes certain area of Fort Bonifacio for a national shrine which will be known as Libingan ng mga
Bayani which is under the administration of the respondents.

Again, President Marcos issued Proclamation No. 2476 amending the Proclamation No. 423
which excluded Lower and Upper Bicutan including Signal Village and declared it open for disposition.

At the bottom of Proclamation No. 2476, President Marcos made a handwritten addendum
which reads; P.S. This includes Western Bicutan.

The petitioner filed a petition with the Commission on Settlement on Land Problems (COSLAP)
with the following; 1. Reclassification of the areas they occupied (Lot3) of Western bicutan from public
land to alienable and disposable land, (2) the subdivision of the subject lot by the Director Lands and (3)
Facilitation of the distribution and sale of the subject lot to its bona fide occupants,

The COSLAP grants the Petition which the Associate Commissioner dissenting opinion

The COSLAP ruled that the handwritten addendum was an integral part of Proclamation No.
2476 and was therefore controlling with the reason that he was exercising legislative power by mere
executive enactments.

According to Asoc. Aguilar she stressed that pursuant to Sec 2 of Civil Code Publication is
indispensable and the exercise execution by the Marcos would tantamount to encroaching on the field
of legislature.

MSS-PVAO filed a Motion for Reconsideration but denied by COSLAP. MSS-PVAO field a petition
with the CA for reversal .

CA grants MSS-PVAO petition. Both NMSMI and WBLAI appealed to SC for petition for review.

ISSUE:

Whether the subject lots were declared as reclassified and disposable lies in the determination
of whether the handwritten addendum of President Marcos has the force and effect of law?

HELD
 No. It is undisputed in the facts that the handwritten addendum was not included when
Proclamation No. 2476 was published in the Official Gazette. In relation thereto, Article 2 of the Civil
Code expressly provides;

Laws shall take effect after fifteen days following the completion of their publication in the
Official Gazette, unless it is otherwise provided.

The requirement of publication is indispensable to give effect to the law unless the law itself has
otherwise provided.

The phrase unless otherwise provided refers to the 15-day period not on the requirement of
publication.

The court also assails that publication must be in full since its purpose is to inform the public of
the contents of the law.

Applying the