Title
Repealing P.D. No. 1587 Administrative Code
Law
Executive Order No. 168
Decision Date
May 8, 1987
Corazon C. Aquino repeals the obsolete Presidential Decree No. 1587, which was never implemented and lacked legal force due to its unpublished status, to clarify its invalidity and prevent any misconceptions about its authority.
A

Legal Basis for Repeal and Effectivity of Laws

  • Under Article 2 of the New Civil Code and the Supreme Court ruling in Tanada, et al. vs. Tuvera, et al. (G.R. No. L-63915, Dec. 29, 1986), laws must be published in the Official Gazette as a prerequisite for their legal effectivity.
  • Because Presidential Decree No. 1587 was unpublished, it may be considered legally ineffective.
  • Despite this, an express repeal is necessary to avoid any misconception about its validity and to prevent it from gaining effect by future publication.

Executive Order and Effectivity

  • Executive Order No. 168, issued by President Corazon C. Aquino, expressly repeals Presidential Decree No. 1587.
  • This repeal is ordered under the constitutional powers vested in the President.
  • The Executive Order took effect immediately upon issuance on May 5, 1987.

Key Legal Concepts

  • Publication in the Official Gazette is a constitutional and judicially mandated requirement for the effectivity of laws and decrees.
  • Unpublished decrees lack legal force but require formal repeal to clarify their status.
  • Repealing obsolete government organizational laws helps to ensure legal clarity and administrative order.
  • The authority of the President to repeal prior decrees under constitutional powers is affirmed.

Summary of Procedural Aspects

  • The decree was never released officially and was unpublished, which deprived it of legal effect.
  • The repeal is effected by an Executive Order, signed and promulgated by the sitting President and her Executive Secretary.
  • Immediate effectivity of the repeal ensures no revival or implementation of the obsolete decree.

Penalties and Enforcement

  • There are no penalties or enforcement provisions enumerated in the Executive Order.
  • The focus is on formal repeal rather than enforcement actions.

Importance of the Executive Order

  • Clarifies legal status of a dormant and obsolete presidential decree.
  • Prevents confusion or misapplication of an unpublished and non-implemented administrative code.
  • Contributes to the modernization and reorganization of government administration under current laws.

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