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    4 Tanada v. Tuvera, 136 SCRA 27

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    JB Guevarra
    1. The petitioners sought a writ of mandamus to compel public officials to publish presidential decrees (PDs), letters of instruction (LOIs), and general orders (GOs) that had not yet been published in the Official Gazette. 2. The court held that the petitioners had legal standing to bring the case, as citizens interested in ensuring laws are properly executed and promulgated, even without being directly aggrieved parties. 3. The court ordered the respondents to publish all unpublished presidential issuances of general application in the Official Gazette, and stated that unless published, such issuances would have no binding force or effect.

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    4 Tanada v. Tuvera, 136 SCRA 27

    Uploaded by

    JB Guevarra
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    1. The petitioners sought a writ of mandamus to compel public officials to publish presidential decrees (PDs), letters of instruction (LOIs), and general orders (GOs) that had not yet been published in the Official Gazette. 2. The court held that the petitioners had legal standing to bring the case, as citizens interested in ensuring laws are properly executed and promulgated, even without being directly aggrieved parties. 3. The court ordered the respondents to publish all unpublished presidential issuances of general application in the Official Gazette, and stated that unless published, such issuances would have no binding force or effect.

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    4 Tanada v. Tuvera, 136 SCRA 27 copy

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    1. The petitioners sought a writ of mandamus to compel public officials to publish presidential decrees (PDs), letters of instruction (LOIs), and general orders (GOs) that had not yet been published in the Official Gazette. 2. The court held that the petitioners had legal standing to bring the case, as citizens interested in ensuring laws are properly executed and promulgated, even without being directly aggrieved parties. 3. The court ordered the respondents to publish all unpublished presidential issuances of general application in the Official Gazette, and stated that unless published, such issuances would have no binding force or effect.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    27 views1 page

    4 Tanada v. Tuvera, 136 SCRA 27

    Uploaded by

    JB Guevarra
    1. The petitioners sought a writ of mandamus to compel public officials to publish presidential decrees (PDs), letters of instruction (LOIs), and general orders (GOs) that had not yet been published in the Official Gazette. 2. The court held that the petitioners had legal standing to bring the case, as citizens interested in ensuring laws are properly executed and promulgated, even without being directly aggrieved parties. 3. The court ordered the respondents to publish all unpublished presidential issuances of general application in the Official Gazette, and stated that unless published, such issuances would have no binding force or effect.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    of 1

    Aristoza

    CONSTITUTIONAL LAW 1
    1. Yes. Right sought by the petitioners is a public right. If petitioners are not
    Tanada v Tuvera allowed to bring suit, who is? Considering Sol-Gen, empowered to represent
    April 24, 1985 the people, has already taken the side of the respondents.
    THE CASE:
    on effectivity date
    PONENTE: Escolin, J.
    PETITIONERS: respondents Court
    RESPONDENTS: OG publication is not a sine qua non req In light of other statutes, OG is required even
    where laws themselves provide for own if law provides for its own effectivity date
    effectivity dates, OG is dispensable
    PROVISIONS APPLICABLE: Objective: to give public adequate notice of
    SEC. 3. Petition for Mandamus: When any tribunal, corporation, board or person unlawfully laws which regulate their actions as citizens
    neglects the performance of an act which the law specifically enjoins as a duty resulting from  ignorance of the law excuses no one from
    an office, trust, or station, or unlawfully excludes another from the use and enjoyment of a right compliance therein
    or office to which such other is entitled, and there is no other plain, speedy and adequate
    remedy in the ordinary course of law, the person aggrieved thereby may file a verified petition on Commonwealth Act 638
    in the proper court alleging the facts with certainty and praying that judgment be rendered “There SHALL be published in the OG…”  imposes an imperative duty to
    commanding the defendant, immediately or at some other specified time, to do the act required publish
    to be done to protect the rights of the petitioner, and to pay the damages sustained by the
    petitioner by reason of the wrongful acts of the defendant. on being bound
    rule of law: before a person be bound by law, they must first be informed of
    Art. 2. Laws shall take effect after fifteen days following the completion of their publication in the its contents (Teehnankee, Peralta v COMELEC)
    Official Gazette, unless it is otherwise provided,
    Court: presidential issuances of general application, which have not been
    published, shall have no force and effect
    FACTS:
     Petitioners seek a writ of mandamus to compel public officials to publish Pesigan vs. Angeles, the Court, through Justice Ramon Aquino
    PDs, LoIs, GOs ruled that “publication is necessary to apprise the public of the contents of
     Basis of petition: [penal] regulations and make the said penalties binding on the persons
    1. right of people to be informed on matters of public concern (Art. 4, affected thereby”
    Sec. 6 1973 Constitution)
    2. principle that for laws to be valid and enforceable, they need to be on PDs sought by petitioners to be published
    published in Official Gazette or otherwise effectively promulgated only a certain number of PDs from petitioners’ allegations have not been
     Respondents: petitioners have no legal standing as they are not aggrieved published, PDs which have no copies available  undisputed that they have
    parties in the non-publication never been enforced/implemented by the government.

    ISSUES respondent officials: “the government, as a matter of policy, refrains from


    1. WoN petitioners have legal standing prosecuting violations of criminal laws until the same shall have been
    published in the Official Gazette or in some other publication, even though
    HELD/RATIONALE some criminal laws provide that they shall take effect immediately”
    High, Extraordinary Legal Remedies, 3rd ed., sec. 431
    “when the question is one of public right and the object of the mandamus is RULING
    to procure the enforcement of a public duty, the people are regarded as the WHEREFORE, the Court hereby orders respondents to publish in the
    real party in interest and the relator at whose instigation the proceedings are Official Gazette all unpublished presidential issuances which are of general
    instituted need not show that he has any legal or special interest in the application, and unless so published, they shall have no binding force and
    result, it being sufficient to show that he is a citizen and as such interested in effect.
    the execution of the laws” SO ORDERED.

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