TAÑADA VS. TUVERA
No. L-63915. April 24, 1985
Petitioners seek a writ of mandamus 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, letters of implementation and administrative orders.
Respondents, through the Solicitor General would have this case dismissed outright on the ground that petitioners have no legal personality or standing to bring the instant petition. The view is submitted that in the absence of any showing that the petitioner are personally and directly affected or prejudiced by the alleged non-publication of the presidential issuances in question.
Respondent further contend that publication in the Official Gazette is not a sine qua non requirement for the effectivity of the law where the law themselves provides for their own effectivity dates.
Whether the presidential decrees in question which contain special provisions as to the date they are to take effect, publication in the Official Gazette is not indispensable for their effectivity?
Publication in the Official Gazette is necessary in those cases where the legislation itself does not provide for its effectivity date, for then the date of publication is material for determining its date of effectivity, which is the 15th day following its publication, but not when the law itself provides for the date when it goes into effect.
Article 2 does not preclude the requirement of publication in the Official Gazette, even if the law itself provides for the date of its effectivity.
The publication of all presidential issuances of a public nature or of general applicability is mandated by law. Obviously, presidential decrees that provide for fines, forfeitures or penalties for their violation or otherwise impose burdens on the people, such as tax revenue measures, fall within this category. Other presidential issuances which apply only to particular persons or class of persons such as administrative and executive orders need not be published on the assumption that they have been circularized to all concern.
The Court therefore declares that presidential issuances of general application, which have not been published, shall have no force and effect.