TAŇADA VS.

TUVERA

G.R. No. L-63915

146 SCRA 446, April 24, 1985

Petitioner seek a writ of mandamus to compel respondent public officials to publish, and/or cause the
publication in the Official Gazette of various presidential decrees, letters of instructions, general orders,
proclamations, executive orders, letters of implementation and administrative orders. Petitioners invoked the
right of the people to be informed on matters of public concern as well as the principle that in order for laws to
be valid and enforceable, it must be published in the Official Gazette. Solicitor General representing the
respondents, moved for the dismissal of the case, contending that petitioners have no legal personality to bring
the instant petition. Petitioners maintained that the petition is a publicright compelling the performance of a
public duty. The legal capacity of a private citizen was recognized by court to make the said petition for the
reason that the right sought to be enforced by petitioners herein is a public right recognized by no less than the
fundamental law of the land.

Whether or not publication in the Official Gazette is required before any law/statute becomes valid and

Article 2 of the Civil Code does not preclude the requirement of publication in the Official Gazette even if the law
itself provides for the date of its effectivity. This is to give the general public adequate notice of the various laws,
which are to regulate their actions and conduct as citizens. The clause “otherwise provided” refers to the date of
effectivity and not to the requirement of thepublication itself. Publication must be in full or it is no publication at
all, since its purpose is to inform The provision in the Civil Code provides that publications of laws must be
made in the Official Gazette. And not elsewhere, as a requirement for their effectivity. The Supreme Court is not
called upon to rule on the wisdom of a law or to repeal or modify if it finds it impractical. The publication must be
made forthwith, or at least as soon as possible. WHEREFORE, the Court hereby orders respondents to publish
in the Official Gazette all unpublished presidential issuances, which are of general application, and unless so
published, they shall have no binding force and effect.

TAÑADA VS. TUVERA

146 SCRA 446 (December 29, 1986)

FACTS:

This is a motion for reconsideration of the decision promulgated on April 24, 1985. Respondent argued that
while publication was necessary as a rule, it was not so when it was “otherwise” as when the decrees
themselves declared that they were to become effective immediately upon their approval.

ISSUES:

1. Whether or not a distinction be made between laws of general applicability and laws which are not as to their
publication;

2. Whether or not a publication shall be made in publications of general circulation.

HELD:

The clause “unless it is otherwise provided” refers to the date of effectivity and not to the requirement of
publication itself, which cannot in any event be omitted. This clause does not mean that the legislature may
make the law effective immediately upon approval, or in any other date, without its previous publication. “Laws”
should refer to all laws and not only to those of general application, for strictly speaking, all laws relate to the
people in general albeit there aresome that do not apply to them directly. A law without any bearing on the
public would be invalid as an intrusion of privacy or as class legislation or as an ultra vires act of the legislature.
To be valid, the law must invariably affect the public interest eve if it might be directly applicable only to one
individual, or some of the people only, and not to the public as a whole. All statutes, including those of local
application and private laws, shall bepublished as a condition for their effectivity, which shall begin 15 days after
publication unless a different effectivity date is fixed by the legislature. Publication must be in full or it is no
publication at all, since its purpose is to inform the public of the content of the law. Article 2 of the Civil Code
provides that publication of laws must be made inthe Official Gazette, and not elsewhere, as a requirement for
their effectivity. The Supreme Court is not called upon to rule upon the wisdomof a law or to repeal or modify it if
it finds it impractical. The publication must be made forthwith, or at least as soon as possible.

J. Cruz:
Laws must come out in the open in the clear light of the sun instead of skulking in the shadows with their dark,
deep secrets. Mysterious pronouncements and rumored rules cannot be recognized as binding unless their
existence and contents are confirmed by a valid publication intended to make full disclosure and give proper
notice to the people. The furtive law is like a scabbarded saber that cannot faint, parry or cut unless the naked
blade is drawn.