Limitations Case # 4

Civil Code, Art. 2

Tañada v. Tuvera

136 SCRA 27 (1985)

FACTS:

Petitioners sought a writ of mandamus compelling respondent public officials to cause

the publication of various presidential decrees, executive orders, administrative orders, general
orders, letters of instruction, letters of implementation, and proclamations on the basis of the
people’s right to information on matters of public concern as enshrined in the 1973
Constitution.

ISSUE: Whether or not publication is still required considering the clause in Article 2, “unless it
is otherwise provided”

RULING: Yes

RATIO DECIDENDI: Article 2 does not preclude the requirement of publication even if the law
itself provides for the date of effectivity. Such publication enables the public to know the laws
that ought to regulate their actions. Without such publication or notice, there would be no
basis for the maxim, “ignorantia legis non excusat.” Presidential issuances of general
application, which have not been published, shall have no force and effect.