Tañada v. Tuvera (1986)

Tañada v. Tuvera 

Dec. 29, 1986 | Cruz J. | Publication of Laws

PETITIONER: LORENZO M. TAÑADA, ABRAHAM F. SARMIENTO, and MOVEMENT OF ATTORNEYS FOR BROTHERHOOD, INTEGRITY AND NATIONALISM, INC. (MABINI)

RESPONDENT: 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, ETC., ET AL.

SUMMARY:

This case is a motion for reconsideration of the decision promulgated on April 24, 1985.  Respondent argued that while publication was necessary as a rule, it was not so when it was “otherwise” as when the decrees themselves declared that they were to become effective immediately upon their approval. Likewise, respondent further raises the following questions, specifically, must distinction be made between laws of general applicability and laws which are not and the manner of publication required for such. The issues in this case is whether or not a distinction be made between laws of general applicability and laws which are not as to their publication; and whether or not a publication shall be made in publications of general circulation. The Supreme Court held that the clause “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.  This clause does not mean that the legislature may make the law effective immediately upon approval, or in any other date, without its previous publication. “Laws” should refer to all laws and not only to those of general application, for strictly speaking, all laws relate to the people in general albeit there are some that do not apply to them directly.  A law without any bearing on the public would be invalid as an intrusion of privacy or as class legislation or as an ultra vires act of the legislature. To be valid, the law must invariably affect the public interest eve if it might be directly applicable only to one individual, or some of the people only, and not to the public as a whole. All statutes, including those of local application and private laws, shall be published as a condition for their effectivity, which shall begin 15 days after publication unless a different effectivity date is fixed by the legislature. Publication must be in full or it is no publication at all, since its purpose is to inform the public of the content of the law.

DOCTRINE:

Publication is indispensable in every case. The clause “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.  This clause does not mean that the legislature may make the law effective immediately upon approval, or in any other date, without its previous publication.

FACTS:

In the decision of this case on April 24, 1985, due process was invoked by the petitioners in demanding the disclosure of a number of presidential decrees which they claimed had not been published as required by law. 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 Court affirmed the necessity for the publication of some of these decrees, declaring in the dispositive portion as follows:

1. WHEREFORE, the Court hereby orders respondents to publish in the Official Gazette all unpublished presidential issuances which are of general application, and unless so published, they shall have no binding force and effect.
2. Respondent now argues that while publication was necessary as a rule, it was not so when it was “otherwise” as when the decrees themselves declared that they were to become effective immediately upon their approval.
3. Likewise, respondent further raises the following questions, specifically, must distinction be made between laws of general applicability and laws which are not and the manner of publication required for such.

ISSUES:

1. Whether or not publication is indispensable when the provides for their own effectivity.
2. Whether or not a distinction be made between laws of general applicability and laws which are not as to their publication.

RATIO:

1. On the first issue, yes, publication is indispensable. The clause “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.  This clause does not mean that the legislature may make the law effective immediately upon approval, or in any other date, without its previous publication. All statutes, including those of local application and private laws, shall be published as a condition for their effectivity, which shall begin 15 days after publication unless a different effectivity date is fixed by the legislature.
2. On the second issue, no, the SC held that 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.

“Laws” should refer to all laws and not only to those of general application, for strictly speaking, all laws relate to the people in general 

1. albeit there are some that do not apply to them directly.  A law without any bearing on the public would be invalid as an intrusion of privacy or as class legislation or as an ultra vires act of the legislature. To be valid, the law must invariably affect the public interest eve if it might be directly applicable only to one individual, or some of the people only, and not to the public as a whole.
2. Publication must be in full or it is no publication at all, since its purpose is to inform the public of the content of the law.
3. Article 2 of the Civil Code provides that publication of laws must be made in the Official Gazette, and not elsewhere, as a requirement for their effectivity.  The Supreme Court is not called upon to rule upon the wisdom of a law or to repeal or modify it if it finds it impractical. As such, the publication must be made forthwith, or at least as soon as possible.

HELD:

WHEREFORE, it is hereby declared that all laws as above defined shall immediately upon their approval, or as soon thereafter as possible, be published in full in the Official Gazette, to become effective only after fifteen days from their publication, or on another date specified by the legislature, in accordance with Article 2 of the Civil Code.