Rodolfo C. Fariñas Et Al. vs. The Executive Secretary Et Al. G.R. No. 147387
Rodolfo C. Fariñas Et Al. vs. The Executive Secretary Et Al. G.R. No. 147387
Rodolfo C. Fariñas Et Al. vs. The Executive Secretary Et Al. G.R. No. 147387
147387
Facts:
Issue:
Whether or not Section 67 of the Omnibus Election Code, has been validly
repealed by Section 14 of RA 9006.
Ruling:
The Court held that the “Effectivity” clause in Section 16 of RA 9006, which
provides that it “shall take effect immediately upon its approval,” is defective;
however, the same does not render the entire law invalid. In the case of Tañada v.
Tuvera, it was held that the clause “unless it is otherwise provided” refers to the
date of effectivity and not the requirement of publication itself, which cannot be
omitted. This clause does not mean that the legislator may make the law effective
immediately upon its approval, or on any other date without its previous
publication. Publication is indispensable in every case, but the legislature may, in
its discretion, provide the usual fifteen-day period or may be shortened or
extended as provided in Article 2 of the Civil Code and in the Tañada doctrine. RA
9006 took effect fifteen days after its publication in the Official Gazette or a
newspaper of a general circulation.