Friday, November 15, 2013

Tañada v. Tuvera 136 SCRA 27

FACTS: The petitioner filed a a writ of mandamus, invoking the right of the people to be informed on matters of public concern, to compel the respondent public officials to cause the publication of various presidential decrees, letters of instructions, general orders, proclamations, executive orders, letters of implementations, and administrative order. Respondent further contend that the publication in Official Gazette is not a sine qua non requirement for the effectivity of the law because law themselves provides their own effectivity dates.

ISSUE: W/N the publication in Official Gazette is required before any law or statute takes effect


HELD: Yes. The publication of all presidential issuances of public nature or of general applicability is mandated by law. Presidential issuances which apply only to particular persons or class of persons such as administrative or executive orders need not be published on the assumption that they have been circularized to all concern. On the other hand, presidential issuances of general applicability which have not been published shall have no force & effect.

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