Ponente: ESCOLIN, J.

Decision Date: 1985-04-24

GR Number: G.R. No. L-63915

Benedict Victa 11 months ago
Avg. Rating:

Summary:

FACTS:

The petitioners filed the case questioning the several Presidential Decrees, Letters of Instructions, General Orders, Proclamations, Executive Orders, Letter of Implementation and Administrative Orders of the President Ferdinand Marcos.

According to the petitioner, the right of the people to be informed was violated because these issuances were not published prior to its effectivity thereby violating Section 6, Art. IV of the 1973 Constitution. Thus, the petitioners pray for the Court to order the publication of the issuances in question.

The respondents countered the petition by alleging that the petitioners do not have the legal personality to sue.

 

ISSUE:

          Whether the issuances should be published prior to its effectivity.

HELD:

          The Supreme Court ruled that only some of the issuances should be published.

          In interpreting Art. 2 of the Civil Code, which provides that Laws shall take effect after fifteen days following the completion of their publication in the Official Gazette, unless it is otherwise provided x x x. The Supreme Court explained that 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issuances which apply only to particular persons or class of persons such as administrative and executive orders need not be published on the assumption that they have been circularized to all concerned.

Doctrine:

          In interpreting Art. 2 of the Civil Code, which provides that Laws shall take effect after fifteen days following the completion of their publication in the Official Gazette, unless it is otherwise provided x x x. The Supreme Court explained that 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.

Facts:

The petitioners filed the case questioning the several Presidential Decrees, Letters of Instructions, General Orders, Proclamations, Executive Orders, Letter of Implementation and Administrative Orders of the President Ferdinand Marcos.

According to the petitioner, the right of the people to be informed was violated because these issuances were not published prior to its effectivity thereby violating Section 6, Art. IV of the 1973 Constitution. Thus, the petitioners pray for the Court to order the publication of the issuances in question.

The respondents countered the petition by alleging that the petitioners do not have the legal personality to sue.

Issues Ratio:

Whether the issuances should be published prior to its effectivity.

Dispositive:

WHEREFORE, the Court hereby orders respondents to publish in the Official Gazette all unpublished presidential issuances which are of general application, and unless so published, they shall have no binding force and effect.

Other Notes:


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