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    Effectivity of Laws Tanada V Tuvera

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    Joymee
    The document discusses the requirement for publication of presidential issuances and laws for them to take effect. It examines a case where petitioners sought to compel the publication of presidential decrees, orders, and other issuances. The Supreme Court held that publication is an indispensable requirement for effectivity, despite provisions stating when the law takes effect, as publication cannot be omitted. All laws, decrees, and statutes must be published to become effective according to the Civil Code.

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    Effectivity of Laws Tanada V Tuvera

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    Joymee
    57 views1 page
    The document discusses the requirement for publication of presidential issuances and laws for them to take effect. It examines a case where petitioners sought to compel the publication of presidential decrees, orders, and other issuances. The Supreme Court held that publication is an indispensable requirement for effectivity, despite provisions stating when the law takes effect, as publication cannot be omitted. All laws, decrees, and statutes must be published to become effective according to the Civil Code.

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    The document discusses the requirement for publication of presidential issuances and laws for them to take effect. It examines a case where petitioners sought to compel the publication of presidential decrees, orders, and other issuances. The Supreme Court held that publication is an indispensable requirement for effectivity, despite provisions stating when the law takes effect, as publication cannot be omitted. All laws, decrees, and statutes must be published to become effective according to the Civil Code.

    Copyright:

    © All Rights Reserved
    Download as PDF, TXT or read online from Scribd
    Download as pdf or txt
    57 views1 page

    Effectivity of Laws Tanada V Tuvera

    Uploaded by

    Joymee
    The document discusses the requirement for publication of presidential issuances and laws for them to take effect. It examines a case where petitioners sought to compel the publication of presidential decrees, orders, and other issuances. The Supreme Court held that publication is an indispensable requirement for effectivity, despite provisions stating when the law takes effect, as publication cannot be omitted. All laws, decrees, and statutes must be published to become effective according to the Civil Code.

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    © All Rights Reserved
    Download as PDF, TXT or read online from Scribd
    Download as pdf or txt
    of 1

    EFFECTIVITY OF LAWS (ART.

    2)

    Tañada v. Tuvera G.R. No. L-63915; December 29, 1986


    CRUZ, J.:

    ALL STATUTES OF LOCAL APPLICATION AND PRIVATE LAWS SHALL BE PUBLISHED


    FOR THEIR EFFECTIVITY

    FACTS: Petitioners seek a writ of mandamus to compel respondent public officials to publish
    and/or cause the publication of various Presidential Decrees (PDs), letters of instructions,
    general orders, proclamations, executive orders, letters of implementation and administrative
    orders, in the Official Gazette. Petitioners invoked that a law, to be valid and enforceable, must
    be published in the Official Gazette or otherwise effectively promulgated. The government
    argued that while publication was necessary as a rule, it was not so when it was "otherwise
    provided," as when the decrees themselves declared that they were to become effective
    immediately upon their approval. The SC, in its decision in 1985, affirmed the necessity of the
    publication of the presidential issuances which are of general application. Petitioners then
    moved for reconsideration/clarification asserting that the clause “unless it is otherwise provided”
    meant that the publication required therein was not always imperative.

    ISSUE: Whether publication is an indispensable requirement for the effectivity of the presidential
    issuances in question

    HELD: YES. Publication of presidential issuances at bar is an indispensable requirement for


    their effectivity despite the special provisions as to the date they are to take effect. Art. 2 of the
    Civil Code provides that “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.” The phrase "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. All statutes, including those of local application and private laws, shall be published as
    a condition for their effectivity, which shall begin fifteen days after publication unless a different
    effectivity date is fixed by the legislature. In the case at bar, the SC held that all presidential
    decrees and executive orders promulgated by the President in the exercise of legislative powers
    whenever the same are validly delegated by the legislature or, at present, directly conferred by
    the Constitution, shall be published as a condition for their effectivity. On the other hand,
    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. Therefore, the
    Court declared that all laws aforementioned shall be published in full in the Official Gazette to
    become effective in accordance with Article 2 of the Civil Code.

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