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Tanada V Tuvera

This case digest summarizes a case regarding the publication of presidential decrees. The petitioners argued that certain decrees were not properly published as required by law. The court ruled that unless otherwise specified, all presidential issuances of general applicability must be published in the official gazette in order to have binding force or effect. The petitioners sought clarification on aspects of publication. The court explained that "unless otherwise provided" refers to effective date, not the publication requirement. It also defined "laws of general applicability" and specified that publication must be in the official gazette and take effect 15 days after full publication, unless specified otherwise.

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86 views2 pages

Tanada V Tuvera

This case digest summarizes a case regarding the publication of presidential decrees. The petitioners argued that certain decrees were not properly published as required by law. The court ruled that unless otherwise specified, all presidential issuances of general applicability must be published in the official gazette in order to have binding force or effect. The petitioners sought clarification on aspects of publication. The court explained that "unless otherwise provided" refers to effective date, not the publication requirement. It also defined "laws of general applicability" and specified that publication must be in the official gazette and take effect 15 days after full publication, unless specified otherwise.

Uploaded by

Dianne Nicole Ramos
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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Download as DOCX, PDF, TXT or read online on Scribd

CASE DIGEST

G.R. NUMBER L-63915


PETITIONER  Lorenzo M. Tanada
 Abraham F. Sarmiento
 Movement of Attorneys for Brotherhood, Integrity and
Nationalism, Inc.
*Relationship:

RESPONDENT  Hon. Juan C. Tuvera


 Hon. Joaquin Venus
 Melquiades P. Dela Cruz

FACTS:  Petitioners invoked due process, demanding the disclosure for a number of
presidential decrees which they claimed had not been published as required by
law
 The government argues that while publication was necessary as a rule, it was not
so when it was “otherwise provided”, as when the decrees themselves declared
that they were to become effectively immediately upon their approval
 The court declared the following:
o The court hereby orders respondents to publish to the official gazelle all
published presidential issuances which are of general application, and
unless so published, they shall have no binding force and effect
 This case is because the petitioners are trying to move for
reconsideration/clarification of the following:
o What is meant by “law of public nature” or “general applicability”?
o Must a distinction be made between laws of general applicability and laws
which are not?
o What is meant by “publication”?
o Where is the publication to be made?
o When is the publication to be made?
 The court replied:
o UNLESS OTHERWISE PROVIDED refers to THE DATE OF EFFECTIVITY,
NOT TO THE REQUIREMENT OF PUBLICATION ITSELF
o What is meant by “law of public nature” or “general applicability”?
o Must a distinction be made between laws of general applicability and laws
which are not?
 ALL LAWS ARE OF GENERAL APPLICATION, all laws relate to
the people in general albeit there are some that do not apply to
them directly – THE LAW MUST INVARIABLE AFFECT THE
PUBLIC INTEREST EVEN IF IT MIGHT BE DIRECTLY
APPLICABLE ONLY TO ONE INDIVIDUAL, OR SOME OF THE
PEOPLE ONLY, AND NOT TO THE PUBLIC AS A WHOLE
o What is meant by “publication”?
 ALL STATUTES, INCLUDING THOSE OF LOCAL APPLICATION
AND PRIVATE LAWS, SHALL BE PUBLISHED AS A CONDITION
FOR THEIR EFFECTIVITY, WHICH SHALL BEGIN 15 DAYS AFTER
PUBLICATION UNLESS A DIFFERENT EFFECTIVITY DAW IS
FIXED BY THE LEGISLATURE
The publication must be in full or it is no publication at all since
its purpose is to inform the public of the contents of the laws
o Where is the publication to be made?
 Publication must be made at the official Gazette
o When is the publication to be made?
 All laws as above defined shall immediately upon their arrival, 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

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