Tanada v. Tuvera 136 SCRA 27 GR L-63915 April 24, 1985

 

Tanada v. Tuvera 136 SCRA 27

 ISSUE:  Whether or not the statutes in question which contain special provisions as to the date they are to take effect still need to be published in the Official Gazette 

FACTS:  Petitioners herein are seeking a writ of mandamus to compel 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, letters of implementation, and administrative orders. Respondents, on the other hand, claimed that this case has no legal personality or standing. Further, they argued that the publication in the Official Gazette in necessary for the effectivity of the law where the law themselves provides for their own effectivity dates 

DECISION:  Granted 

RATIO DECIDENDI:  . Yes. Publication in the Official Gazette is necessary in those cases where the legislation itself does not provide for its effectivity date, for then the date of publication is material for determining the date of the effectivity which must be 15 days following the completion of its publication, but not when the law itself provides for the date when it goes to effect. Publication of laws is part of substantive due process  

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