Admin_Digest_02_Cipres 1 of 7

Edu vs. Ericta, Commissioner, may, with the approval of the Secretary
35 SCRA 481, No. L-32096 October 24, 1970 of Public Works and Communications, issue rules and
Facts: regulations for its implementation as long as they do not
Galo, filed on his behalf and that of other motorist a suit conflict with its provisions. It is likewise an express
for certiorari and prohibition with preliminary injunction provision of the above statute that for a violation of any
against Edu, the Land Transportation Commissioner of its provisions or regulations promulgated pursuant
assailing the validity and constitutionality of Reflector thereto a fine of not less than P10 nor not less than P50
Law and Administrative Order No. 2 contending that it is could be imposed.
an invalid exercise od police power and violative of the It is a fundamental principle flowing from the doctrine of
due process clause. separation of powers that Congress may not delegate
Respondent Judge Ericta ordered the issuance of the its legislative power to the two other branches of the
preliminary injuction directed against the enforcement of government, subject to the exception that local
such administrative order. governments may over local affairs participate in its
Hence this petition for Certiorari. exercise. What cannot be delegated is the authority
under the Constitution to make laws and to alter and
Issue: repeal them; the test is the completeness of the
Whether or not the Administrative Order No.2 violates statute in all its term and provisions when it leaves
the principle of non-delegation. the hands of the legislature. To determine whether
or not there is an undue delegation of legislative
Ruling: power the inquiry must be directed to the scope and
Under Admin Order No. 2 “No motor vehicles of definiteness of the measure enacted. The legislature
whatever style, kind, make, class or denomination shall does not abdicate its functions when it describes what
be registered if not equipped with reflectors. Such job must be done, who is to do it, and what the scope of
reflectors shall either be factory built-in-reflector his authority is. For a complex economy, that may
commercial glass reflectors, reflection tape or luminous indeed be the only way in which the legislative process
paint. The luminosity shall have an intensity to be can go forward. A distinction has rightfully been made
maintained visible and clean at all times such that if between delegation of power to make the laws which
struck by a beam of light shall be visible 100 meters necessarily involves a discretion as to what it shall be,
away at night." Then came a section on dimensions, which constitutionally may not be done, and delegation
placement and color. As to dimensions the following is of authority or discretion as to its execution to exercise
provided for: "Glass reflectors — Not less than 3 inches under and in pursuance of the law, to which no valid
in diameter or not less than 3 inches square; objection call be made. The Constitution is thus not to
Reflectorized Tape — At least 3 inches wide and 12 be regarded as denying the legislature the necessary
inches long. The painted or taped area may be bigger resources of flexibility and practicability.
at the discretion of the vehicle owner." Provision is then To avoid the taint of unlawful delegation, there must be
made as to how such reflectors are to be "placed, a standard, which implies at the very least that the
installed, pasted or painted." There is the further legislature itself determines matters of principle and lay
requirement that in addition to such reflectors there shall down fundamental policy. Otherwise, the charge of
be installed, pasted or painted four reflectors on each complete abdication may be hard to repel. A standard
side of the motor vehicle parallel to those installed, thus defines legislative policy, marks its limits, its maps
pasted or painted in front and those in the rear end of out its boundaries and specifies the public agency to
the body thereof. The color required of each reflectors, apply it. It indicates the circumstances under which the
whether built-in, commercial glass, reflectorized tape or legislative command is to be effected. It is the criterion
reflectorized paint placed in the front part of any motor by which legislative purpose may be carried out.
vehicle shall be amber or yellow and those placed on Thereafter, the executive or administrative office
the sides and in the rear shall all be red. designated may in pursuance of the above guidelines
Penalties resulting from a violation thereof could be promulgate supplemental rules and regulations.
imposed. Thus: "Non-compliance with the requirements The standard may be either express or implied. If the
contained in this Order shall be sufficient cause to former, the non-delegation objection is easily met. The
refuse registration of the motor vehicle affected and if standard though does not have to be spelled out
already registered, its registration maybe suspended in specifically. It could be implied from the policy and
pursuance of the provisions of Section 16 of RA 4136; purpose of the act considered as a whole. In the
[Provided], However, that in the case of the violation of Reflector Law, clearly the legislative objective is public
Section 1(a) and (b) and paragraph (8) Section 3 hereof, safety.
a fine of not less than ten nor more than fifty pesos shall In People vs. Exconde: "It is well establish in this
be imposed. It is not to be lost sight of that under jurisdiction that, while the making of laws is a non-
Republic Act No. 4136, of which the Reflector Law is an delegable activity that corresponds exclusively to
amendment, petitioner, as the Land Transportation Congress, nevertheless the latter may constitutionally
 Admin_Digest_02_Cipres 2 of 7

delegate authority to promulgate rules and regulations

to implement a given legislation and effectuate its Issue:
policies, for the reason that the legislature often finds it Whether or not there is an infringement of principle of
impracticable (if not impossible) to anticipate and non-delegation of legislative power.
proved for the multifarious and complex situations that
may be met in carrying the law in effect. All that is Ruling:
required is that the regulation should germane to the The alleged infringement of the fundamental principle of
objects and purposes of the law; that the regulation be non-delegation of legislative power is equally without
not in contradiction with it; but conform to the standards any support in well-settled legal doctrines. Had
that the law prescribes. petitioner taken the trouble to acquaint himself with
It is true that, under our system of government, said authoritative pronouncements from this Tribunal, he
power may not be delegated except to local would not have the temerity to make such an assertion.
governments. However, one thing is to delegate the An excerpt from the aforecited decision of Edu v. Ericta
power to determine what the law shall be, and another sheds light on the matter: “To avoid the taint of unlawful
thing to delegate the authority to fix the details in delegation, there must be a standard, which implies at
the execution of enforcement of a policy set out in the the very least that the legislature itself determines
law itself. Briefly stated, the rule is that the delegated matters of principle and lays down fundamental policy.
powers fall under the second category, if the law Otherwise, the charge of complete abdication may be
authorizing the, delegation furnishes a reasonable heard to repel. A standard thus defines legislative
standard which "sufficiently marks the field within which policy, marks its limits, maps out its boundaries and
the Administrator is to act so that it may be known specifies the public agency to apply it. It indicates the
whether he has kept within it in compliance with the circumstances under which the legislative command is
legislative will." to be effected, It is the criterion by which legislative
Petition granted. Order set aside. purpose may fee carried out. Thereafter, the executive
or administrative office designated may in pursuance of
Agustin vs. Edu, the above guidelines promulgate supplemental roles
88 SCRA 195, No. L-49112 February 2, 1979 and regulations. The standard may be either express or
implied. If the former, the non-delegation objection is
Facts: easily met. The standard though does not have to be
Letter of Instruction No. 229 of President Marcos. spelled out specifically. It could be implied from the
Thereafter, on November 15, 1976, it was amended by policy and purpose of the act considered as a whole. In
Letter of Instruction No. 479 in this wise. "Paragraph 3 the Reflector Law, clearly, the legislative objective is
of Letter of Instruction No. 229 is hereby amended to public safety.
read as follows: 3. The Land transportation The petition itself quoted these two whereas clauses of
Commissioner shall require every motor vehicle owner the assailed Letter of Instruction: “[Whereas], the
to procure from any and present at the registration of his hazards posed by such obstructions to traffic have been
vehicle, one pair of a reflectorized early warning device, recognized by international bodies concerned with
as d bed of any brand or make chosen by mid motor traffic safety, the 1968 Vienna Convention on Road
vehicle. The Land Transportation Commissioner shall Signs and Signals and the United Nations Organization
also promulgate such rule and regulations as are (U.N.); [Whereas], the said Vienna Convention, which
appropriate to effectively implement this order. was ratified by the Philippine Government under P.D.
Subsequent letter was suspended for implementation No. 207, recommended the enactment of local
insofar as the installation of early warning device is legislation for the installation of road safety signs and
concerned. devices: * * *:” It cannot be disputed then that this
Agustin is the owner of a Volkswagen Beetle Car, Model Declaration of Principle found in the Constitution
13035, already properly equipped when it came out possesses relevance: “The Philippines * * * adopts the
from the assembly lines with blinking lights fore and aft, generally accepted principles of international law as part
which could very well serve as an early warning device of the law of the land, * * *: The 1968 Vienna Convention
in case of the emergencies mentioned in Letter of on Road Signs and Signals is impressed with such a
Instructions No. 229, as amended, as well as the character. It is not for this country to repudiate a
implementing rules and regulations in Administrative commitment to which it had pledged its word. The
Order No. 1 issued by the land transportation concept of Pacta sunt servanda stands in the way of
Commission," alleged that said Letter of Instruction No. such an attitude, which is, moreover, at war with the
229, as amended, "clearly violates the provisions and principle of international morality.
delegation of police power, [sic] * * *: " For him they are
"oppressive, unreasonable, arbitrary, confiscatory, nay
unconstitutional and contrary to the precepts of our
compassionate New Society. Hence this petition.
 Admin_Digest_02_Cipres 3 of 7

Federal Energy Administration v. Algonquin SNG, threaten to impair the national security, and § 32(c) sets
Inc. forth specific factors for him to consider in exercising his
426 U.S. 548 (1976) authority.
(b) In authorizing the President to "take such action and
Facts: for such time, as he deems necessary to adjust the
Section 232(b) of the Trade Expansion Act of 1962, as imports of [an] article and its derivatives," § 232(b)'s
amended by the Trade Act of 1974, provides that, if the language clearly grants him a measure of discretion in
Secretary of the Treasury finds that an "article is being determining the method used to adjust imports, and
imported into the United States in such quantities or there is no support in the statute's language that the
under such circumstances as to threaten to impair the authorization to the President to "adjust" imports should
national security," the President is authorized to "take be read to encompass only quantitative methods, i.e.,
such action, and for such time, as he deems necessary quotas, as opposed to monetary methods, i.e., license
to adjust the imports of [the] article and its derivatives so fees, of effecting such adjustments; so to limit the word
that . . . imports [of the article] will not threaten to impair "adjust" would not comport with the range of factors that
the national security." can trigger the President's authority under § 232(b)'s
When it appeared that a prior program established language.
under § 232(b) for adjusting oil imports was not fulfilling (c) Furthermore, § 232(b)'s legislative history amply
its objectives, the Secretary of the Treasury initiated an indicates that the President's authority extends to the
investigation. On the basis of this investigation, the imposition of monetary exactions, i.e., license fees and
Secretary found that crude oil and its derivatives and duties, and belies any suggestion that Congress,
related products were being imported into the United despite its use of broad language in the statute itself,
States in such quantities and under such circumstances intended to confine the President's authority to the
as to threaten to impair the national security, and imposition of quotas and to bar him from imposing a
accordingly recommended to the President that license fee system such as the one in question.
appropriate action be taken to reduce the imports. Reversed and remanded.
Following this recommendation, the President promptly
issued a Proclamation, inter alia, raising the license fees
on imported oil. Thereafter, respondents -- eight States Leon White et al., Plaintiffs-appellants, v. C. Vaughn
and their Governors, 10 utility companies, and a Roughton et al
Congressman -- brought suits against petitioners 530 F.2d 750 (7th Cir. 1976)
challenging the license fees on the ground, inter alia,
that they were beyond the President's authority under § Facts:
232(b). The District Court denied relief, holding that § Roughton is supervisor of the town of the City of
232(b) is a valid delegation to the President of the power Champaign Township. In this capacity he administers
to impose license fees on imports, and that the the general township assistance program which
procedures followed by the President and the Secretary provides locally collected taxes for distribution as
in imposing the fees fully complied with the statute. The welfare to needy township residents. White claim that
Court of Appeals reversed, holding that § 232(b) does defendant Roughton
not authorize the President to impose a license fee (1) operates the general assistance welfare program
scheme as a method of adjusting imports, but without published standards for eligibility or the amount
encompasses only the use of "direct" controls such as of aid given; (2) terminates general assistance without
quotas. giving the recipient notice and a hearing prior to that
termination;
Issue: (3) denies applications for general assistance welfare
Whether or not there is an invalid delegation of power. without giving the applicant notice and a hearing after
the denial of the application;
Ruling: (4) fails adequately to inform recipients and applicants
Section 232(b) authorizes the action taken by the of their right to appeal.
President. Roughton terminated the assistance being received by
(a) Section 232(b) does not constitute an improper plaintiffs White and Walker and denied the application
delegation of power, since it establishes clear for assistance of plaintiff Silagy.
preconditions to Presidential action, including a finding A preliminary injunction was filed by White et al, but was
by the Secretary of the Treasury that an article is being denied hence this petition.
imported in such quantities or under such
circumstances as to threaten to impair the national Issue:
security. Moreover, even if these preconditions are met, Whether or not due process of the law was observed.
the President can act only to the extent he deems
necessary to adjust the imports so that they will not
 Admin_Digest_02_Cipres 4 of 7

Ruling: Issue:
No. Whether or not the Revenue Memorandum Order 4-87
The fundamental requisite of due process of law is the is valid.
opportunity to be heard.' . . . The hearing must be 'at a
meaningful time and in a meaningful manner.' . . . In the Ruling:
present context these principles require that a recipient The authority of the Minister of Finance (now the
have timely and adequate notice detailing the reasons Secretary of Finance), in conjunction with the
for a proposed termination, and an effective opportunity Commissioner of Internal Revenue, to promulgate all
to defend by confronting any adverse witnesses and by needful rules and regulations for the effective
presenting his own arguments and evidence orally. enforcement of internal revenue laws cannot be
Certain basic eligibility requirements, however, are controverted. Neither can it be disputed that such rules
provided in the General Assistance statute itself. and regulations, as well as administrative opinions and
Roughton as administrator of the general assistance rulings, ordinarily should deserve weight and respect by
program has the responsibility to administer the the courts. Much more fundamental than either of the
program to ensure the fair and consistent application of above, however, is that all such issuances must not
eligibility requirements. Fair and consistent application override, but must remain consistent and in harmony
of such requirements requires that Roughton establish with, the law they seek to apply and implement.
written standards and regulations. At the hearing in the Administrative rules and regulations are intended to
district court on the preliminary injunction, Roughton carry out, neither to supplant nor to modify, the law;
admitted that he and his staff determine eligibility We agree with both the Court of Appeals and Court of
based upon their own unwritten personal Tax Appeals that Executive Order No. 41 is quite explicit
standards. Such a procedure, vesting virtually and requires hardly anything beyond a simple
unfettered discretion in Roughton and his staff, is application of its provisions. If, as the Commissioner
clearly violative of due process. argues, Executive Order No. 41 had not been intended
to include 1981–1985 tax liabilities already assessed
(administratively) prior to 22 August 1986, the law could
have simply so provided in its exclusionary clauses. lt
Commissioner of lnternal Revenue vs. Court of did not. The conclusion is unavoidable, and it is that the
Appeals, executive order has been designed to be in the nature
240 SCRA 368, G.R. No. 108358 January 20, 1995 of a general grant of tax amnesty subject only to the
cases specifically excepted by it.
Facts
On 22 August 1986, during the period when the
President of the Republic still wielded legislative
powers, Executive Order No. 41 was promulgated Land Bank of the Philippines vs. Court of Appeals,
declaring a one-time tax amnesty on unpaid income 249 SCRA 149, G.R. No. 118712, G.R. No. 118745
taxes, later amended to include estate and donor's October 6, 1995
taxes and taxes on business, for the taxable years 1981
to 1985. Facts:
R.O.H. Auto Products Philippines, Inc., filed, in October Yap, Heirs of Santiago and AMADCOR are owners of
1986 and November 1986, its Tax Amnesty Return and parcels of land. These lands were acquired by the DAR
paid the corresponding amnesty taxes due. and subjected to transfer schemes to qualified
Prior to this availment, Commissioner of Internal beneficiaries under the Comprehensive Agrarian
Revenue, in a communication received by ROH on 13 Reform Law.
August 1986, assessed the latter deficiency income and Yap et al filed a petition for certiorari and mandamus
business taxes for its fiscal years ended 30 September against the AO No. 9 series of 1990 which permits the
1981 and 30 September 1982. The taxpayer wrote back opening of trust accounts by the Landbank. The CA
to state that since it had been able to avail itself of the granted the petition hence this appeal.
tax amnesty, the deficiency tax notice should be
cancelled and withdrawn. The request was denied by Issue:
the Commissioner and had construed the amnesty Whether or not Administrative Order No. 9 is a valid
coverage to include only assessments issued by exercise of its rule-making power pursuant to Section 49
the Bureau of Internal Revenue after the of RA 6657.
promulgation of the executive order on 22 August
1986 and not to assessments theretofore made. Ruling:
The CTA reversed the CIR’s decision which was Section 16(e) of RA 6657 provides as follows:
affirmed by the CA hence this petition. Sec. 16. Procedure for Acquisition of
Private Lands —
 Admin_Digest_02_Cipres 5 of 7

xxx xxx xxx Program and clear the way for the true freedom of the
(e) Upon receipt by the landowner of the farmer. But despite this, cases involving its
corresponding payment or, in case of implementation continue to multiply and clog the courts’
rejection or no response from the dockets. Nevertheless, we are still optimistic that the
landowner, upon the deposit with an goal of totally emancipating the farmers from their
accessible bank designated by the DAR bondage will be attained in due time. It must be
of the compensation in cash or in LBP stressed, however, that in the pursuit of this objective,
bonds in accordance with this Act, the vigilance over the rights of the landowners is equally
DAR shall take immediate possession of important because social justice cannot be invoked to
the land and shall request the proper trample on the rights of property owners, who under our
Register of Deeds to issue a Transfer Constitution and laws are also entitled to protection.
Certificate of Title (TCT) in the name of
the Republic of the Philippines. . . .
It is very explicit therefrom that the deposit must be Phil. Blooming Mills Co., Inc., et al. vs. Social
made only in “cash” or in “LBP bonds.” Nowhere does it Security System,
appear nor can it be inferred that the deposit can be 17 SCRA 1077, No. L-21223 August 31, 1966
made in any other form. If it were the intention to include
a “trust account” among the valid modes of deposit, that Facts:
should have been made express, or at least, qualifying The Philippine Blooming Mills Co., Inc., a domestic
words ought to have appeared from which it can be fairly corporation since the start of its operations in 1957, has
deduced that a “trust account” is allowed. In sum, there been employing Japanese technicians under a pre-
is no ambiguity in Section 16(e) of RA 6657 to warrant arranged contract of employment, the minimum period
an expanded construction of the term “deposit.” of which employment is 6 months and the maximum is
The conclusive effect of administrative construction is 24 months.
not absolute. Action of an administrative agency may be
From April 28, 1957, to October 26, 1958, the
disturbed or set aside by the judicial department if there
corporation had in its employ 6 Japanese technicians.
is an error of law, a grave abuse of power or lack of
PBM Co. sent an inquiry to the SSS whether these
jurisdiction or grave abuse of discretion clearly
employees are subject to compulsory coverage under
conflicting with either the letter or the spirit of a
the System which replied that they are compulsory
legislative enactment. In this regard, it must be stressed
covered but the amount paid can be rebated.
that the function of promulgating rules and regulations
may be legitimately exercised only for the purpose of The Assistant General Manager in behalf of the
carrying the provisions of the law into effect. The power employees filed a claim with the SSS for the refund of
of administrative agencies is thus confined to the premiums paid on the ground of termination of the
implementing the law or putting it into effect. Corollary members' employment. This claim was controverted by
to this is that administrative regulations cannot extend the SSS, alleging that Rule IX of the Rules and
the law and amend a legislative enactment, for settled Regulations of the System, as amended, requires
is the rule that administrative regulations must be in membership in the System for at least 2 years before a
harmony with the provisions of the law. And in case separated or resigned employee may be allowed a
there is a discrepancy between the basic law and an return of his personal contributions. Under the same
implementing rule or regulation, it is the former that rule, the employer is not also entitled to a refund of the
prevails. premium contributions it had paid.
In the present suit, the DAR clearly overstepped the The petition for rebate was denied because previous
limits of its power to enact rules and regulations when it rule as to refund was subsequently amended that delete
issued Administrative Circular No. 9. There is no basis such rebate only if they have been members for at least
in allowing the opening of a trust account in behalf of the 2 years.
landowner as compensation for his property because, It is this resolution of the Commission that is the subject
as heretofore discussed, Section 16(e) of RA 6657 is of the present appeal, appellants contending that the
very specific that the deposit must be made only in amendment of the Rules and Regulations of the SSS,
“cash” or in “LBP bonds.” In the same vein, petitioners insofar as it eliminates the provision on the return of
cannot invoke LRA Circular Nos. 29, 29-A and 54 premium contributions, originally embodied in Section
because these implementing regulations cannot 3(d) of Rule I, constituted an impairment of obligations
outweigh the clear provision of the law. Respondent of contract. It is claimed, in effect, that when appellants-
court therefore did not commit any error in striking down employees became members in September, 1957, and
Administrative Circular No. 9 for being null and void. paid the corresponding premiums to the System, it1 is
The promulgation of the “Association” decision subject to the condition that upon their departure from
endeavored to remove all legal obstacles in the the Philippines, these employees, as well as their
implementation of the Comprehensive Agrarian Reform
 Admin_Digest_02_Cipres 6 of 7

employer, are entitled to a rebate of a proportionate Issue:

amount of their respective contributions. Whether or not the abovementioned requires
publication.
Issue:
Whether or not the subjected amendment to the rules is Ruling:
valid. After a careful study of this provision and of the
arguments of the parties, both on the original petition
Ruling: and on the instant motion, we have come to the
Membership in the Social Security System is not the conclusion, and so hold, that the clause "unless it is
result of a bilateral, consensual agreement where the otherwise provided" refers to the date of effectivity and
rights and obligations of the parties are defined by and not to the requirement of publication itself, which cannot
subject to their will. Republic Act 1161 requires in any event be omitted. This clause does not mean that
compulsory coverage of employers and employees the legislature may make the law effective immediately
under the system. It is actually a legal imposition on said upon approval, or on any other date, without its previous
employers and employees, designed to provide security publication.
to the working men. Membership in the Social Security lt is not correct to say that under the disputed clause
System is, therefore, in compliance with a lawful publication may be dispensed with altogether. The
exercise of the police power of the State, to which the reason is that such omission would offend due
principle of nonimpairment of the obligation of contract process insofar as it would deny the public
is not a proper defense. knowledge of the laws that are supposed to govern
Under Article 2 of the New Civil Code, the date of it. Surely, if the legislature could validly provide that a
publication of laws in the Official Gazette is material for law shall become effective immediately upon its
the purpose of determining their effectivity, only if the approval notwithstanding the lack of publication (or after
statutes themselves do not so provide. When the an unreasonably short period after publication), it is not
original Rules and Regulations of the Social Security unlikely that persons not aware of it would be
System specifically provide that any amendment thereto prejudiced as a result; and they would be so not
subsequently adopted by the Commission, shall take because of a failure to comply with it but simply
effect on the date of its approval by the President, the because they did not know of its existence.
delayed publication of the amended rules in the Official Significantly, this is not true only of penal laws as is
Gazette did not affect the date of their effectivity, which commonly supposed. One can think of many non-penal
is January 14, 1958, when they were approved by the measures, like a law on prescription, which must also
President. be communicated to the persons they may affect before
they can begin to operate.
The term "laws" should refer to all laws and not only to
Tañada vs. Tuvera, those of general application, for strictly speaking all laws
146 SCRA 446, No. L-63915 December 29, 1986 relate to the people in general albeit there are some that
do not apply to them directly. An example is a law
Facts: granting citizenship to a particular individual, like a
Invoking the people's right to be informed on matters of relative of President Marcos who was decreed instant
public concern, a right recognized in Section 6, Article naturalization. It surely cannot be said that such a law
IV of the 1973 Philippine Constitution, as well as the does not affect the public although it unquestionably
principle that laws to be valid and enforceable must be does not apply directly to all the people. The subject of
published in the Official Gazette or otherwise effectively such law is a matter of public interest which any member
promulgated, petitioners seek a writ of mandamus to of the body politic may question in the political forums
compel respondent public officials to publish, and/or or, if he is a proper party, even in the courts of justice.
cause the publication in the Official Gazette of various In fact, a law without any bearing on the public would be
presidential decrees, letters of instructions, general invalid as an intrusion of privacy or as class legislation
orders, proclamations, executive orders, letter of or as an ultra vires act of the legislature. To be valid, the
implementation and administrative orders. law must invariably affect the public interest even if it
They sought to publish: might be directly applicable only to one individual, or
1. Presidential Decrees some of the people only, and not to the public as a
2. Letter of Instructions whole.
3. General Orders We hold therefore that all statutes, including those of
4. Proclamations local application and private laws, shall be
5. Executive Orders published as a condition for their effectivity, which
6. Letters of Implementation shall begin fifteen days after publication unless a
7. Administrative Orders different effectivity date is fixed by the legislature.
 Admin_Digest_02_Cipres 7 of 7

Covered by this rule are presidential decrees and We also hold that the publication must be made
executive orders promulgated by the President in forthwith, or at least as soon as possible, to give effect
the exercise of legislative powers whenever the to the law pursuant to the said Article 2. There is that
same are validly delegated by the legislature or, at possibility, of course, although not suggested by the
present, directly conferred by the Constitution. parties that a law could be rendered unenforceable by a
Administrative rules and regulations must also be mere refusal of the executive, for whatever reason, to
published if their purpose is to enforce or cause its publication as required. This is a matter,
implement existing law pursuant also to a valid however, that we do not need to examine at this time.
delegation.
Interpretative regulations and those merely internal
in nature, that is, regulating only the personnel of
the administrative agency and not the public, need
not be published. Neither is publication required of
the so-called letters of instructions issued by
administrative superiors concerning the rules or
guidelines to be followed by their subordinates in
the performance of their duties.
Accordingly, even the charter of a city must be
published notwithstanding that it applies to only a
portion of the national territory and directy affects
only the inhabitants of that place. All presidential
decrees must be published, including even, say,
those naming a public place after a favored
individual or exempting him from certain
prohibitions or requirements. The circulars issued
by the Monetary Board must be published if they are
meant not merely to interpret but to "fill in the
details" of the Central Bank Act which that body is
supposed to enforce.
ss
We agree that the publication must be in full or it is no
publication at all since its purpose is to inform the public
of the contents of the laws. As correctly pointed out by
the petitioners, the mere mention of the number of the
presidential decree, the title of such decree, its
whereabouts (e.g., "with Secretary Tuvera"), the
supposed date of effectivity, and in a mere supplement
of the Official Gazette cannot satisfy the publication
requirement. This is not even substantial compliance.
This was the manner, incidentally, in which the General
Appropriations Act for FY 1975, a presidential decree
undeniably of general applicability and interest, was
"published" by the Marcos administration. The evident
purpose was to withhold rather than disclose
information on this vital law.
At any rate, this Court is not called upon to rule upon the
wisdom of a law or to repeal or modify it if we find it
impractical. That is not our function. That function
belongs to the legislature. Our task is merely to interpret
and apply the law as conceived and approved by the
political departments of the government in accordance
with the prescribed procedure. Consequently, we have
no choice but to pronounce that under Article 2 of the
Civil Code, the publication of laws must be made in the
Official Gazette, and not elsewhere, as a requirement
for their effectivity after fifteen days from such
publication or after a different period provided by the
legislature.