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Tanada v.

Tuvera (Resolution)
GR L-63915, 29 December 1986 (146 SCRA 446)
En Banc, Cruz (p) : 8 concurring
Facts: On 24 April 1985, the Court affirmed the necessity for the publication to
the Official Gazette all unpublished presidential issuances which are of genera
l application, and unless so published, they shall have no binding force and eff
ect. Decision was concurred only by 3 judges. Petitioners move for reconsiderati
on / clarification of the decision on various questions. Solicitor General avers
that the motion is a request for advisory opinion. February Revolution took pla
ce, which subsequently required the new Solicitor General to file a rejoinder on
the issue (under Rule 3, Section 18 of the Rules of Court).
Issue: Whether publication is still required in light of the clause unless otherw
ise provided .
Held: The clause unless it is otherwise provided, in Article 2 of the Civil Code,
refers to the date of effectivity and not to the requirement of publication itse
lf, which cannot in any event be omitted. This clause does not mean that the leg
islature may make the law effective immediately upon approval, or on any other d
ate, without its previous publication. The legislature may in its discretion pro
vide that the usual fifteen-day period shall be shortened or extended. Publicati
on requirements applies to (1) all statutes, including those of local applicatio
n and private laws; (2) presidential decrees and executive orders promulgated by
the President in the exercise of legislative powers whenever the same are valid
ly delegated by the legislature or directly conferred by the Constitution; (3) A
dministrative rules and regulations for the purpose of enforcing or implementing
existing law pursuant also to a valid delegation; (4) Charter of a city notwith
standing that it applies to only a portion of the national territory and directl
y affects only the inhabitants of that place; (5) Monetary Board circulars to fil
l in the details of the Central Bank Act which that body is supposed to enforce.
Further, publication must be in full or it is no publication at all since its pu
rpose is to inform the public of the contents of the laws.
The Supreme Court 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 15 days from their publication,
or on another date specified by the legislature, in accordance with Article 2 o
f the Civil Code.