G.R. No. L-63915 April 24, 1985
Escolin, J.
LORENZO M. TAÑADA, ABRAHAM F. SARMIENTO, and MOVEMENT OF ATTORNEYS FORBROTHERHOOD, INTEGRITY AND NATIONALISM, INC. [MABINI], petitioners,
VS
HON. JUAN C. TUVERA, in his capacity as Executive Assistant to the President, HON.
JOAQUIN VENUS, in his capacity as Deputy Executive Assistant to the President ,
MELQUIADES P. DE LA CRUZ, in his capacity as Director, Malacañang Records Office, and
FLORENDO S. PABLO, in his capacity as Director, Bureau of Printing, respondents.
FACTS:
1. Petitioners sought to file a writ of mandamus compelling the public official respondents to publish, and/or cause the publication in the Official Gazette of various presidential decrees, letters of instructions, general orders, proclamations, executive orders, letter of implementation and administrative orders.
2. Respondents contended that publication in the Official Gazette is not an absolute necessity for the laws to be effective especially laws that provide their own dates of effectivity and the concerned issuances provided such.
ISSUE:
Whether or not laws should be published in the Official Gazette to be effective and enforceable.
RULING:
YES. According to Sec. 1 of Commonwealth Act 638, all important legislative acts and resolutions, executive and administrative orders and proclamations, decisions or abstracts of decisions of the Supreme Court and the Court of Appeals, documents or classes of documents as may be required so to be published, and documents or clauses the President may declare to have a legal force or effect, SHALL be published in the Official Gazette. In the case at bar, the petitioners sought the publication of presidential decrees and other issuances especially those which will directly affect the public since without the notice, the public wouldn't know what regulates their conduct and actions as citizens and it would be a great injustice to be penalized for a transgression of a law that wasn't publicized. Therefore, the publication of laws of public nature and with general applicability in the Official Gazette is indispensable for their effectivity.
Wherefore, the respondents are directed to publish the concerned laws in the Official Gazette. The laws will have no binding effect unless published.
Comments
Post a Comment