Tanada vs.

Tuvera
G.R. no. L-63915 April 24, 1985
Escolin, J.:
Facts:
Petitioners are Lorenzo Tanada, Abraham Sarmiento and Movement of Attorneys for
Brotherhood, Integrity, and Nationalism (MABINI). They invoke the peoples right to
be informed of matters of public concern through Section 6 Art IV of the 1973
Philippine Constitution and that laws must be published in the Official Gazette for
April 24, 1985 them to be valid and enforceable. Respondents argue Section 3 Rule 65 of the Rules
of the Court that they are not aggrieved parties and have no legal personality.
Petitioners say that the fact that this is a public duty and is about public concerns is
enough reason. Respondents argue that publication in the Official Gazette is not a
requirement for laws themselves have their own effectivity date citing Art 2 of the
Civil Code

Issue:
Whether or not there is a need for the publishing in the Official Gazette before presidential issuances
can take effect.
Ruling:
The decision of the Supreme Court favors the petitioners. All unpublished presidential issuances
which are of general application must be published or else would not have binding force or effect.
Severino vs Governor General
- People are regarded as interested parties when the question involves public right,
mandamus is granted
Section 1 of Commonwealth Act 638
- Article 2 of Civil Code does not prevent the requirement of publication in Official Gazette
- This is for the general public to have notice of laws, otherwise it is injustice to punish
them
- Use of the term shall publish, it is a duty. There is no discretion on what must be
included or excluded as there is a list already.
Peralta vs. COMELEC
-the Official Gazette as the official govt repository when proliferating decrees
-therefore presidential issuances that have not been published have no force and effect
-are decrees enforced prior to publication therefore invalid? Cite Chicot County Drainage
District vs. Baxter Bank: an all-inclusive state of a principle of absolute retroactive invalidity
cannot be justified.
- Rutter vs. Esteban: court sustained the right of a party even though it had been declared
unconstitutional afterwards
-Pesigan vs. Angeles: publication is necessary for penal regulations, to make penalties binding