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- Because Presidential Decree No. 1587 was unpublished, it may be considered legally ineffective.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- Unpublished decrees lack legal force but require formal repeal to clarify their status.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- The decree was never released officially and was unpublished, which deprived it of legal effect.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- Prevents confusion or misapplication of an unpublished and non-implemented administrative code.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.