Tañada v. Tuevera

G.R. No. L-63915, 29 December 1986

FACTS:

Pursuant to the Tañada v Tuvera 1985 decision prescribing respondents to publish in the Official Gazette all unpublished presidential issuances which are of general application, and unless so published, they shall have no binding force and effect, the petitioners moved for reconsideration/clarification, specifically asking the following questions:

1. What is meant by “law of public nature” or “general applicability”?

2. Must a distinction be made between laws of general applicability and laws which are not?

3. What is meant by “publication”?

4. Where is the publication to be made?

5. When is the publication to be made?

ISSUE:

W/N 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.

RULING:

The Court held that the clause does not mean that the legislature may make the law effective immediately upon approval, or on any other date, without its previous publication. Publication is indispensable in every case but the legislature may in its discretion provide that the usual fifteen-day period shall be shortened or extended. For example, the general rule did not apply in the effectivity of the Civil Code since the code itself provided its effectivity “one year after such publication.”

Pursuant to Article 2 of the Civil Code, laws shall take effect after fifteen days following the completion of their publication in the Official Gazette, unless it is otherwise provided. This Code shall take effect one year after such publication.

Publication is indispensable in every case but the legislature may in its discretion provide that the usual fifteen-day period shall be shortened or extended. For example, the general rule did not apply in the effectivity of the Civil Code since the code itself provided its effectivity “one year after such publication.” Therefore, the clause “unless otherwise provided” refers to the date of effectivity, and not the requirement of publication itself.

As for the questions presented, the Court held the following:

1. Law of public nature is one that affects public interest (could be directly applicable only to one individual, a group, or the whole public).

2.

LAWS OF GENERAL APPLICABILITY LAWS WHICH ARE NOT
All statutes
Presidential decrees
Executive orders
Charter of a city
Circulars issued by the Monetary
Board that are meant to “fill in the details”
All laws internal in nature
Interpretative regulations for
personnel of agencies
Letters of instructions issued by
administrative superiors

3. Full content publication or none at all

4. Official Gazette (Subsequently amended by EO No. 200, providing for “any newspaper of general circulation”

5. Upon approval or ASAP

* Case digest by Cherry Mae E. Aguila-Granada, LLB-1, Andres Bonifacio Law School, SY 2017-2018

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