Scribd Logo
Upload

Welcome to Scribd!

  • 77 views

    Tanada vs. Tuvera Case Digest - 1986

    Uploaded by

    claire Hipol
    This case resolves whether publication of laws and decrees is mandatory under Philippine law. The Court ruled that publication is required and cannot be omitted as it is indispensable for providing public notice and knowledge of the laws that govern them. The legislature may determine the effective date, but publication must still be made. Laws must be published in full to properly inform the public of their contents, as secret or rumored rules cannot be recognized if their existence and details are not confirmed through valid publication.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd

    Tanada vs. Tuvera Case Digest - 1986

    Uploaded by

    claire Hipol
    77 views2 pages
    This case resolves whether publication of laws and decrees is mandatory under Philippine law. The Court ruled that publication is required and cannot be omitted as it is indispensable for providing public notice and knowledge of the laws that govern them. The legislature may determine the effective date, but publication must still be made. Laws must be published in full to properly inform the public of their contents, as secret or rumored rules cannot be recognized if their existence and details are not confirmed through valid publication.

    Original Description:

    Tanada vs. Tuvera Case Digest_1986

    Original Title

    Tanada vs. Tuvera Case Digest_1986

    Copyright

    © © All Rights Reserved

    Available Formats

    DOCX, PDF, TXT or read online from Scribd

    Did you find this document useful?

    Is this content inappropriate?

    This case resolves whether publication of laws and decrees is mandatory under Philippine law. The Court ruled that publication is required and cannot be omitted as it is indispensable for providing public notice and knowledge of the laws that govern them. The legislature may determine the effective date, but publication must still be made. Laws must be published in full to properly inform the public of their contents, as secret or rumored rules cannot be recognized if their existence and details are not confirmed through valid publication.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    77 views2 pages

    Tanada vs. Tuvera Case Digest - 1986

    Uploaded by

    claire Hipol
    This case resolves whether publication of laws and decrees is mandatory under Philippine law. The Court ruled that publication is required and cannot be omitted as it is indispensable for providing public notice and knowledge of the laws that govern them. The legislature may determine the effective date, but publication must still be made. Laws must be published in full to properly inform the public of their contents, as secret or rumored rules cannot be recognized if their existence and details are not confirmed through valid publication.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    You are on page 1of 2

    146 SCRA 446

    TANADA VS. TUVERA

    This is the Resolution dated December 29, 1986.


    The orginal case was decided on April 24, 1985 and the Court affirmed the
    necessity for the publication of some of these decrees.

    The Petitioner's filed this Reconsideration/clarification of the 1985 Decision. They


    raised the question on what publication means, where and when the publication
    should be made.

    The subject of contention in this case is Article 2 of the Civil Code.

    Petitioner's Position: Due process was invoked in demanding the disclosure or a


    number of PD which they claimed has not been published as required by law.

    Government's Argument: While the publication was necessary as a rule, it was not
    so when it was "otherwise provided", as the decrees themselves declared that they
    were to become effective immediately upon their approval.

    ISSUE:
    Whether the Publication of Laws and Decrees is a mandatory requirement.

    RULING:

    YES.

    Publication is indispensable in every case, but the legislature may in its


    discretion provide that the usual fifteen-day period shall be shortened or extended.

    The clause "unless it is otherwise provided" refers to the date of effectivity and not
    to the requirement of publication itself, which cannot in any event be omitted.

    The clause does not mean that the legislature may make the law effective
    immediately upon approval, or on any other date, without its previous
    publication.

    It is not correct to say that under the disputed clause publication may be
    dispensed with altogether. The reason is that such omission would offend
    due process insofar as it would deny the public knowledge of the laws that
    are supposed to govern it.

    The legislature can provide that the law will become effective immediately upon
    approval but publication shall be made.
    The SC also pointed out that the conclusive presumption that every person
    knows the law, this presupposes that the law has been published if the
    presumption is to have any legal justification at all.

    The right of the people to information on matters of public concern under


    Art. 3, sec. 6 also applies to the legislative enactments of the government.

    The term laws refers not only to those of general application but all statutes
    including those of local application and private law, hence these should be
    published as condition for their effectivity which shall begin 15 days after
    publication unless a different effectivity date is fixed by the legislature.

    Covers: PD, EOs Admin Rules and Regulations if the purpose is to enforce or
    implement existing law, Charters must be published, circulars issued by the
    Monetary Board must be published if it is to fill the details of the Central Bank act.

    Interpretative regulations and those merely internal in nature, regulating the


    personnel of the admin agency and not the public need not be published. Neither is
    publication required of the so-called
    letters of instructions issued by administrative superiors concerning the rules or
    guidelines to be followed by their subordinates in the performance of their duties.

    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.

    Laws must come out in the open in the clear light of the sun instead of
    skulking in the shadows with their dark, deep secrets. (Tañada vs. Tuvera,
    146 SCRA 446) Mysterious pronouncements and rumored rules cannot be
    recognized as binding unless their existence and contents are confirmed by a valid
    publication intended to make full disclosure and give proper notice to the people.
    The furtive law is like a scabbarded saber that cannot feint, parry or cut unless the
    naked blade is drawn.

    You might also like