Nagkakaisang Maralita ng Sitio Masigasig, Inc. &, Western Bicutan Land Owners Association Inc. Vs Military Shrine Service - Philippine Veterans Affairs Office, Department of National Defense

on

G.R. No. 187587               June 5, 2013

SERENO, CJ.:


FACTS:

1. In 1957, President Garcia issued Proclamation  No. 423 declaring parcels of land in  Pasig, Taguig, Paranaque, Rizal, and Pasay as military reserves, now known as Fort Bonifacio.

2. In 1967, President Marcos issued Proclamation No. 208, amending P.N. 403,  which excluded a portion that for Libingan ng mga Bayani, which is under the administration of Military Shrine Services – Philippine Veterans Affairs Office (MSS-PVAO)

3.   In 1986, President Marcos issued Proclamation No. 2476, further amending Proclamation No. 423, which excluded barangaysLower Bicutan, Upper Bicutan and Signal Village from the operation of Proclamation No. 423 and declared it open for disposition under the provisions of Republic Act Nos. (R.A.) 274 and 730.

3.1. At bottom of the proclamation, a handwritten note of the then president was added which read: P.S. – This includes Western Bicutan.

3.2. However, the Proclamation was published on 3 February 1986 without the addendum.

4. In 1999 and 2000, Nagkakaisang Maralita ng Sitio Masigasig, Inc. and Western Bicutan Lot Owners Association, Inc. (WBLOAI) filed before the COSLAP. for the following prayers:

(1) the reclassification of the areas they occupied from public land to alienable and disposable land pursuant to Proclamation No. 2476;

(2) the subdivision of the subject lot by the Director of Lands; and

(3) the Land Management Bureau’s facilitation of the distribution and sale of the subject lot to its bona fide occupants.

5. Military Shrine Services - Philippine Veterans Affairs Office filed a motion for reconsideration before the COSLAP but it was DISMISSED by the commission.

6. MSS-PVAO then filed a petition before the Court of Appeals seeking to reverse the COSLAP resolutions.

ISSUE:

Whether or not a law provision can be deemed valid and enforceable when it wasn't included in the actual publication.

RULING:

NO, a law provision not published is void and unenforceable. Article 2 of the Civil Code of the Philippines clearly states that a law will only be deemed effective 15 days following its publication either in the Official Gazette or any newspaper of general circulation unless otherwise provided. The law is unambiguous and leaves no room for interpretation of the intent of the legislator. The phrase 'unless otherwise provided' solely refers to the period of publication, be it shortened or lengthened, according to propriety and not to other modes of enforcement.

In the present case, the petitioners were relying their claim on the handwritten addendum of President Marcos in Proclamation No. 2476. However, the law clearly requires publication before effectivity. Therefore, the ruling of CA is affirmed and their petitions are dismissed for lack of merit.