4 TANADA VS TUVERA

EN BANC
Tanada vs Tuvera
GR No. L-63915 April 24, 1985
Cruz, J p

FACTS:
This is a petition seeking the writ of mandamus filed by Petitioner Lorenzo Tanada to
compel Respondent Juan Tuvera, in his capacity as Executive Secretary, to publish various
Presidential Decrees, letters of instructions, general orders, proclamations, executive orders,
letter of implementation, and administrative orders.
Respondent would have the case dismissed, as he contends that Petitioner has no
legal personality to file said petition, as they are not directly affected by the non-publication.
Petitioner, however, argues that the subject of petition concerns a public right thus they need
not to show specific interest.
Furthermore, Respondent maintains that the publication in the Official Gazette is not a
requirement for the effectivity of the laws where the laws themselves provide for their own
effectivity dates, and since the presidential decrees in questions provide for their effectivity,
publication is not indispensable, as anchored on Article 2 of the Civil Code.

ISSUE:
Whether or not publication in Official Gazette is required if the law itself provides for its
effectivity.

RULING:
Yes, publication in the Official Gazette is required. The Court ruled that even if the law
itself provides for the date of its effectivity, it is indispensable, as its clear intent is to give the
general public adequate notice.
Article 2 of the Civil Code states: “Laws shall take effect after fifteen days following the
completion of their publication in the Official Gazette, unless it is otherwise provided.” The
Court constructed the “unless it is otherwise provided” clause as referring to the date of
effectivity, not to the requirement of the publication. The doctrine of last antecedent – in which
qualifying words or phrases normally refer to the last antecedent word or phrase, unless the
context otherwise provides – of statutory construction was not adopted, as doing so would
defeat the intent of the legislation, which is, to reiterate, give notice to the general public.

CONCLUSION:
The Court ordered respondents to publish in the Official Gazette all unpublished
presidential issuances, and unless so published, they shall have no binding force or effect.