Tuesday, June 10, 2014
Tañada vs. Tuvera case brief summary
Tañada vs. Tuvera
Petitioners sought 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, letter of implementation and administrative orders, invoking the right to be informed on matters of public concern as recognized by the 1973 constitution.
Whether or not the publication of presidential decrees, letters of instructions, general orders, proclamations, executive orders, letter of implementation and administrative orders is necessary before its enforcement.
Article 2 of the Civil Code provides that “laws shall take effect after fifteen days following the completion of their publication in the Official Gazette, unless it is otherwise provided ” The Court has ruled that publication in the Official Gazette is necessary in those cases where the legislation itself does not provide for its effectivity date-for then the date of publication is material for determining its date of effectivity, which is the fifteenth day following its publication-but not when the law itself provides for the date when it goes into effect. Article 2 does not preclude the requirement of publication in the Official Gazette, even if the law itself provides for the date of its 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 toa 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issuances which apply only to particular persons or class of persons such as administrative and executive orders need not be published on the assumption that they have been circularized to all concerned.
Publication is, therefore, mandatory.
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