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    Tanada v. Tuvera

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    Caroline A. Legaspino
    1) The petitioners filed a writ of mandamus to compel government officials to publish various presidential decrees, orders, and proclamations in the Official Gazette, citing the people's right to be informed on matters of public concern under the 1973 Constitution. 2) The respondents argue that publication is not essential for a law's effectivity if the law itself provides an effective date. 3) The court ruled that laws of general application that are not published have no force and effect, as the clear purpose of requiring publication is to give adequate notice to citizens of laws regulating their actions. Without such notice, it would be unjust to punish citizens for violating laws they had no notice of.

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    Tanada v. Tuvera

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    Caroline A. Legaspino
    342 views2 pages
    1) The petitioners filed a writ of mandamus to compel government officials to publish various presidential decrees, orders, and proclamations in the Official Gazette, citing the people's right to be informed on matters of public concern under the 1973 Constitution. 2) The respondents argue that publication is not essential for a law's effectivity if the law itself provides an effective date. 3) The court ruled that laws of general application that are not published have no force and effect, as the clear purpose of requiring publication is to give adequate notice to citizens of laws regulating their actions. Without such notice, it would be unjust to punish citizens for violating laws they had no notice of.

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    law

    Original Title

    1. TANADA V. TUVERA

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    1) The petitioners filed a writ of mandamus to compel government officials to publish various presidential decrees, orders, and proclamations in the Official Gazette, citing the people's right to be informed on matters of public concern under the 1973 Constitution. 2) The respondents argue that publication is not essential for a law's effectivity if the law itself provides an effective date. 3) The court ruled that laws of general application that are not published have no force and effect, as the clear purpose of requiring publication is to give adequate notice to citizens of laws regulating their actions. Without such notice, it would be unjust to punish citizens for violating laws they had no notice of.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    342 views2 pages

    Tanada v. Tuvera

    Uploaded by

    Caroline A. Legaspino
    1) The petitioners filed a writ of mandamus to compel government officials to publish various presidential decrees, orders, and proclamations in the Official Gazette, citing the people's right to be informed on matters of public concern under the 1973 Constitution. 2) The respondents argue that publication is not essential for a law's effectivity if the law itself provides an effective date. 3) The court ruled that laws of general application that are not published have no force and effect, as the clear purpose of requiring publication is to give adequate notice to citizens of laws regulating their actions. Without such notice, it would be unjust to punish citizens for violating laws they had no notice of.

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    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    of 2

    G.R. No.

    L-63915 April 24, 1985


    LORENZO M. TAÑADA, ABRAHAM F. SARMIENTO, and MOVEMENT OF
    ATTORNEYS FOR BROTHERHOOD, INTEGRITY AND NATIONALISM, INC.
    [MABINI], petitioners,
    vs.
    HON. JUAN C. TUVERA, in his capacity as Executive Assistant to the President,
    HON. JOAQUIN VENUS, in his capacity as Deputy Executive Assistant to the
    President , MELQUIADES P. DE LA CRUZ, in his capacity as Director, Malacañang
    Records Office, and FLORENDO S. PABLO, in his capacity as Director, Bureau of
    Printing, respondents.
    FACTS:
    The petitioners Tañada et. Al. filed for a writ of mandamus in order to compel
    respondent public officials to publish and/or cause the publication in the Official Gazette
    of various presidential decrees, letters of instructions, general orders, proclamations,
    executive orders, letter of implementation and administrative orders, invoking the
    people’s right to be informed on matters of public concern found under Sec. 6 Article IV
    of the 1973 Philippine Constitution.
    Respondents contend that publication in the Official Gazette is not a sine qua
    non (essential) requirement for the effectivity of laws where the laws themselves provide
    for their own effectivity dates.

    ISSUE:
    Whether the prior publication of a law before its effectivity cannot be dispensed
    with.

    HELD:
    Yes. Laws of general application, which have not been published, shall have no
    force and effect. The clear object of the provision of Sec. 1 of Commonwealth Act 638 is
    to give the general public adequate notice of the various laws which are to regulate their
    actions and conduct as citizens. Without such notice and publication, there would be no
    basis for the application of the maxim "ignorantia legis non excusat." It would be the
    height of injustice to punish or otherwise burden a citizen for the transgression of a law
    of which he had no notice whatsoever, not even a constructive one.
    As for the argument of the respondents, the clause “unless it is otherwise
    provided” refers to the date of effectivity and not to the requirement of publication itself,
    which is indispensable. The clause does not mean that the legislature may make the
    law effective immediately upon approval, or any other date, without prior publication.

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