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    003 Tañada v. Tuvera

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    Beata Carolino
    1) Petitioners sought a writ of mandamus to compel respondents to publish presidential issuances in the Official Gazette. 2) Respondents argued petitioners lacked legal personality and were not aggrieved parties. Petitioners argued the issue concerned a public right. 3) The court held that publication in the Official Gazette is generally necessary for laws and issuances to take effect, with exceptions if they provide their own effectivity date. 4) For issuances of general applicability, publication is required to give adequate notice to the public, and unpublished issuances will have no force or effect.

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    003 Tañada v. Tuvera

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    Beata Carolino
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    1) Petitioners sought a writ of mandamus to compel respondents to publish presidential issuances in the Official Gazette. 2) Respondents argued petitioners lacked legal personality and were not aggrieved parties. Petitioners argued the issue concerned a public right. 3) The court held that publication in the Official Gazette is generally necessary for laws and issuances to take effect, with exceptions if they provide their own effectivity date. 4) For issuances of general applicability, publication is required to give adequate notice to the public, and unpublished issuances will have no force or effect.

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    1) Petitioners sought a writ of mandamus to compel respondents to publish presidential issuances in the Official Gazette. 2) Respondents argued petitioners lacked legal personality and were not aggrieved parties. Petitioners argued the issue concerned a public right. 3) The court held that publication in the Official Gazette is generally necessary for laws and issuances to take effect, with exceptions if they provide their own effectivity date. 4) For issuances of general applicability, publication is required to give adequate notice to the public, and unpublished issuances will have no force or effect.

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    31 views1 page

    003 Tañada v. Tuvera

    Uploaded by

    Beata Carolino
    1) Petitioners sought a writ of mandamus to compel respondents to publish presidential issuances in the Official Gazette. 2) Respondents argued petitioners lacked legal personality and were not aggrieved parties. Petitioners argued the issue concerned a public right. 3) The court held that publication in the Official Gazette is generally necessary for laws and issuances to take effect, with exceptions if they provide their own effectivity date. 4) For issuances of general applicability, publication is required to give adequate notice to the public, and unpublished issuances will have no force or effect.

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    of 1

    Civil Law Review 2020 Tañada v.

    Tuvera
    When do laws take effect? 1985 Escolin, J.

    FACTS
    ● Petitioners Lorenzo Tañ ada, Abraham Sarmiento, and MABINI seek a writ of mandamus to compel
    Respondents to publish and/or cause the publication in the Official Gazette several presidential
    issuances1
    ● Respondents’ arguments (thru SolGen):
    ○ Petitioners have no legal personality to bring the petition because they are not personally and
    directly affected by the non-publication
    ○ Petitioners are not “aggrieved parties” contemplated by Sec. 3 Rule 65 2
    ● Petitioners’ arguments:
    ○ Subject of petition concerns a public right
    ○ They do not need to show any specific interest because the object of the petition is to compel
    performance of public duty
    RATIO
    W/N the publication of laws and issuances in the Official Gazette is necessary for them to take effect
    Generally yes. The only exception is when the laws or issuances themselves provide for their own
    effectivity dates (Art. 23, CC).

    W/N the publication of laws and issuances in the OG is required despite providing for their own date
    of effectivity
    Yes for laws and issuances that have general applicability (Sec. 14, CA 638). This is to give the general
    public adequate notice of the various laws so they can regulate their actions. Without notice and
    publication, there would be no basis for the application of the maxim “ignoratia legis non excusat.”

    Thus, all issuances of general application which were not published shall have no force and effect.

    1 Presidential decrees, Letters of Instruction, General Orders, Proclamations, Executive Orders, Letters of Implementation, and
    Administrative Orders (see full case for full list)
    2 SEC. 3. Petition for Mandamus.—When any tribunal, corporation, board or person unlawfully neglects the performance of an act which
    the law specifically enjoins as a duty resulting from an office, trust, or station, or unlawfully excludes another from the use a rd enjoyment
    of a right or office to which such other is entitled, and there is no other plain, speedy and adequate remedy in the ordinary course of law,
    the person aggrieved thereby may file a verified petition in the proper court alleging the facts with certainty and praying that judgment be
    rendered commanding the defendant, immediately or at some other specified time, to do the act required to be done to Protect the rights
    of the petitioner, and to pay the damages sustained by the petitioner by reason of the wrongful acts of the defendant.
    3 Art. 2. Laws shall take effect after fifteen days following the completion of their publication in the Official Gazette, unless it is otherwise
    provided
    4 Section 1. There shall be published in the Official Gazette [1] all important legisiative acts and resolutions of a public nature of the,
    Congress of the Philippines; [2] all executive and administrative orders and proclamations, except such as have no general applicability; [3]
    decisions or abstracts of decisions of the Supreme Court and the Court of Appeals as may be deemed by said courts of sufficient importance
    to be so published; [4] such documents or classes of documents as may be required so to be published by law; and [5] such documents or
    classes of documents as the President of the Philippines shall determine from time to time to have general applicability and legal effect, or
    which he may authorize so to be published.

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