TITLE: Tanada v Tuvera
CITATION: L-63915, April 24, 1985| 136 SCRA 27
FACTS:
Petitioners seek a writ of mandamus in compelling respondent public officials to publish and/ or cause the publication in the Official Gazette of various presidential decrees, letter of instructions, general orders, proclamations, executive orders, letter of implementation and administrative orders.
The general rule in seeking writ of mandamus is that it “would be granted to a private individual only in those cases where he has some private or particular interest to be subserved, or some particular right to be protected, independent of that which he holds with the public at large," and "it is for the public officers exclusively to apply for the writ when public rights are to be subserved”.
The legal capacity of a private citizen was recognized by court to make the said petition for the reason that the right sought to be enforced by petitioners herein is a public right recognized by no less than the fundamental law of the land.
ISSUE: Whether publication in the Official Gazette is still required considering the clause in Article 2 “unless otherwise provided”.
HELD:
“Unless it is otherwise provided” refers to the date of effectivity and not with the publication requirement which cannot be omitted as public needs to be notified for the law to become effective. The necessity for the publication in the Official Gazette of all unpublished presidential issuances which are of general application, was affirmed by the court on April 24, 1985. This is necessary to provide the general public adequate notice of the various laws which regulate actions and conduct as citizens. Without this, there would be no basis for Art 3 of the Civil Code “Ignorance of the law excuses no one from compliance therewith”.
WHEREFORE, the Court hereby orders respondents to publish in the Official Gazette all unpublished presidential issuances which are of general application, and unless so published, they shall have no binding force and effect.
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