After reading When do Philippine Laws become effective? read also, Application for Agricultural Free Patents
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A person has the right to be informed on matters of public concern
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Philippine laws do take effect after fifteen (15) days following the completion of their publication, unless it is otherwise provided
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Public officials have no discretion as to what must be included or excluded from the publication of laws
R epublic Act No. 386, otherwise known as the “Civil Code of the Philippines,” took effect on August 30, 1950.
When do Philippine laws become effective?
The law says:
The Civil Code (Civil Code) of the Philippines provides as to when do Philippine laws become effective. For reference, Article 2 of the Civil Code is stated in the following manner:
“ARTICLE 2. Laws shall take effect after fifteen days following the completion of their publication either in the Official Gazette or in a newspaper of general circulation in the Philippines, unless it is otherwise provided.”
Is the publication of the law a condition or a requirement before it will become effective?
For a better understanding, let us take the case of Tañada vs. Tuvera (G.R. No. L-63915, April 24, 1985).
In this case, the public officials contend that publication in the Official Gazette is not a requirement for the effectivity of laws where the laws themselves provide for their own effectivity dates. They further stated that since the presidential issuances in question contain special provisions as to the dates they are to take effect, publication in the Official Gazette may be dispensed with for their effectivity.
Are the public officials, correct?
The Supreme Court said:
The word “shall” which was used in Article 2 of the Civil Code of the Philippines imposes upon the public officials an imperative duty. That duty must be enforced if the Constitutional right of the people to be informed on matters of public concern is to be given substance and reality. The law itself makes a list of what should be published in the Official Gazette (or in a newspaper of general circulation). Such listing leaves the public officials with no discretion whatsoever as to what must be included or excluded from such publication.
The Supreme Court also stated 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.
Thus, in this case, the public officials were ordered to publish in the Official Gazette all unpublished presidential issuances which are of general application. Unless so published, the presidential issuances in question have no binding force and effect.
Alburo Alburo and Associates Law Offices specializes in business law and labor law consulting. For inquiries, you may reach us at info@alburolaw.com, or dial us at (02)7745-4391/0917-5772207.
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