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Tañada v. Tuvera, G.R. No. 63915, 24 April 1985

 

Tañada v. Tuvera, G.R. No. 63915, 24 April 1985

 

Facts:

Petitioners invoke due process in its petition to the Court for requiring the publication of a number of presidential issuance (i.e. PD’s, LOI’s, General Orders, Proclamations, EO’s, Letters of Implementation and Administrative Orders) in the Official Gazette.

Issue:

Whether or not the presidential issuance in question need to be published in the Official Gazette for its effectivity.

 

Ruling:

The presidential issuance in question need to be published in the Official Gazette to complete its effectivity. Article 2 of the New Civil Code invokes publication as an indispensable requirement for laws to become effective. The clause in such provision stating that “unless it is otherwise provided” pertains to the effective date but subject to the requirement of a complete publication. The Court ordered that unless these presidential issuance were published in the Official Gazette, these shall have no binding force and effect.

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