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Case 1 - Tanada vs Tuvera, Apr 14, 1985

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  G.R. No. L-63915 Tañada, L. M. et al vs. Hon. J.C. Tuvera et al G.R. No. L-63915  April 24, 1985 En Banc Facts: Petitioners asked for the issuance of the Writ of mandamus to compel the respondents to publish in the Official Gazette the unpublished Executive Issuances such as; Presidential Decrees, Proclamations, Executive Orders, general orders, letters of implementation, and administrative orders. In defense, respondents stated that the petitioners have no legal personality in the case citing sec. 3 of rule 65 of the Rules of Court which lays-out the requirement for filing for a Writ of Mandamus. Petitioners contended that the issue touches the public and thereby does not require any special circumstance to institute an action. On the other hand, respondents stated that publication of the mentioned issuances is not a sine qua non  requirement as the Law provides its own affectivity date as stated in Art. 2 of the Civil Code. Issue: Whether or not publication affects the validity of the Executive Issuances. Ruling: The Supreme Court in its decision, ordered the respondents to publish the Executive Issuances of general application, and further stated that failure for publication would render the Issuances no binding force and effect. It was explained that such publication is essential as it gives basis to the legal maxim known as ignorantia legis non excusat. Thus, failure to publish would make create injustice as would it would punish the citizen for transgression of the law which he had no notice.  The court declared that Presidential issuances with general application without publication would be inoperative and null and void. However, some justices in their concurring opinions made a qualification stating that publication is not an absolute requirement for the publication. As Justice Fernando stated that, publication is needed but it must not only confined in the Official Gazette because it would make those other laws not published in the Official Gazette bereft of any binding force or effect.
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