TAÑADA V. TUVERA No. L-63915 136 SCRA 27 (April 24, 1985) Facts: In procuring the enforcement of public duty, a petition was sought by Tañada, Sarmiento, and Movement of Attorneys for Brotherhood Integrity and Nationalism, Inc (MABINI) seeking a writ of mandamus to compel respondent public officials to publish, and or cause the publication in the Official Gazette of various presidential decrees, letters of instructions, general orders, proclamations, executive orders, letter of implementation and administrative orders. There is a need for Publication of Laws to strengthen its binding force and effect: giving access to legislative records, giving awareness to the public of the law promulgated. The Official Gazette, however, does not contain publications of administrative and executive orders that affect only a particular class of persons. The Official Gazette, as mandated by law, presents all presidential issuances “of a public nature” or “of general applicability.” Also, Article 2 of the Civil Code expressly recognized that the rule as to laws takes effect after 15 days unless it is otherwise (for some do specify the date of effectivity) following the completion of the publication in the Official Gazette. However, the decree has been misread by many; for it has no juridical force, but a mere legislative enactment of RA 386.
publications of the law elsewhere, elsewhere, aside from the the Official Gazette, Gazette, as it Issue: WON to provide publications would be essential to the effectivity of the said legislative or executive act that regulates the acts and conduct of people as citizens. Held: Respondents were granted petition to publish all unpublished issuances in the Official Gazette, serving as a response to the maxim “ignorance as an excuse for noncompliance.” The effectivity of laws shall follow the notice to parties concerned, for such is a public right. There will be no retroactive effect for laws with dates which applied the 15-day rule of publication in the Official Gazette.
