G.R. No. L-63915, April 24, 1985
Justice Escolin
FACTS: Petitioners seek a
writ of mandamus to compel respondent public officials 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. Respondents, on the other
hand, contend that publication in the Official Gazette is not a sine qua non
requirement for the effectivity of laws where the laws themselves provide for
their own effectivity dates.
ISSUE:
whether the laws which provide for their own effectivity dates require
publication in the Official gazette or Newspaper of General Circulation.
HELD: Yes. Art. 2. Of the Civil Code provides that laws shall take
effect after fifteen days following the completion of their publication in the
Official Gazette, unless it is otherwise provided, ...
The publication in the
Official Gazette is necessary in those cases where the legislation itself does
not provide for its effectivity date-for then the date of publication is
material for determining its date of effectivity, which is the fifteenth day
following its publication-but not when the law itself provides for the date
when it goes into effect. However, It does not preclude the requirement of
publication in the Official Gazette, even if the law itself provides for the
date of its effectivity.
The publication of all
presidential issuances "of a public nature" or "of general
applicability" is mandated by law. Obviously, presidential decrees that
provide for fines, forfeitures or penalties for their violation or otherwise
impose a burden or the people, such as tax and revenue measures, fall within
this category. Other presidential issuances which apply only to particular
persons or class of persons such as administrative and executive orders need
not be published on the assumption that they have been circularized to all
concerned.
It is needless to add
that the publication of presidential issuances "of a public nature"
or "of general applicability" is a requirement of due process. It is
a rule of law that before a person may be bound by law, he must first be
officially and specifically informed of its contents. Without such notice and
publication, there would be no basis for the application of the maxim "ignorantia
legis non excusat." It would be the height of injustice to punish or
otherwise burden a citizen for the transgression of a law of which he had no
notice whatsoever, not even a constructive one.
The Court therefore
declares that presidential issuances of general application, which have not
been published, shall have no force and effect.
Font: Blackletter
Type of Pen: Pilot Parallel Calligraphy Pen 3.8mm
