Case Summary (G.R. No. L-63915)
Procedural History
On April 24, 1985, the Supreme Court ordered publication “in the Official Gazette [of] all unpublished presidential issuances which are of general application” and held that, unless so published, they “shall have no binding force and effect.” Petitioners then moved for reconsideration and clarification, asking: (1) what constitutes a “law of public nature” or “general applicability”; (2) whether all laws must be distinguished as general or special; (3) the meaning of “publication”; (4) where publication must occur; and (5) when publication must occur. The Solicitor General opposed the motion, characterizing it as seeking an advisory opinion and arguing that Article 2’s “unless it is otherwise provided” clause dispensed with the publication requirement in certain cases and permitted publication outside the Official Gazette.
Legal Provision and Issues
Article 2 of the Civil Code provides:
“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.”
Central questions:
– Does “unless it is otherwise provided” apply to the publication obligation or solely to the effectivity period?
– Must publication be in the Official Gazette or may it occur elsewhere?
– Are there classes of laws (general vs. special) exempt from publication?
Court’s Interpretation of Publication Requirement
The Court held that “unless it is otherwise provided” refers only to effectivity dates, not to the publication requirement itself. Publication is indispensable to satisfy the due process clause of the Constitution and Section 6 of the Bill of Rights (the right to information on matters of public concern). Congress or the President may shorten or extend the fifteen-day delay, but may not omit publication without violating fundamental fairness and the presumption that “every person knows the law.”
Scope of Publication Requirement
All legislative enactments and executive issuances of general or specific application must be published in full before becoming effective, including:
• Statutes of national, local or special application (e.g., city charters; private laws).
• Presidential decrees, executive orders, administrative rules and regulations implementing existing law pursuant to valid delegation.
Exemptions apply only to internal or interpretative regulations and administrative letters of instruction that do not directly affect the p
Case Syllabus (G.R. No. L-63915)
Citation and Parties
- 230 Phil. 528 EN BANC; G.R. No. L-63915; December 29, 1986
- Petitioners: Lorenzo M. Tanada; Abraham F. Sarmiento; Arid Movement of Attorneys for Brotherhood, Integrity and Nationalism, Inc. (MABINI)
- Respondents: Hon. Juan C. Tuvera (Executive Assistant to the President); Hon. Joaquin Venus (Deputy Executive Assistant to the President); Melquiades P. De La Cruz, et al.
Procedural History
- April 24, 1985 decision: Court ordered publication in the Official Gazette of all unpublished presidential issuances of general application, failing which they have no binding force.
- Petitioners filed motion for reconsideration/clarification, questioning key terms and scope of that order.
- Solicitor General’s Comment: urged dismissal as advisory opinion; contended that publication requirement could be dispensed with when “otherwise provided,” need not be in Official Gazette, and decision lacked binding force (only three concurring votes).
- New Solicitor General’s Rejoinder post-February Revolution: argued limited need to publish internal or particular issuances; endorsed full publication in Official Gazette when required; reiterated decision’s non-binding character.
Questions Presented
- Definition of “law of public nature” or “general applicability.”
- Whether a distinction exists between laws of general applicability and those of special application.
- Meaning of “publication,” including its completeness.
- Prescribed medium for publication.
- Proper timing for publication.
Relevant Statutory Provision
- Article 2, Civil Code:
• “Laws shall take effect after fifteen days following the completion of their publication in the Official Gazette, unless it is otherwise provided.”
• Special provision for the Civil Code: effective one year after publication.