Cases in Introduction

Question 1

Define “law” in the context of effectivity and publication.

Answer 1

All statutes, including local and private laws, must be published for effectivity, starting 15 days after publication, unless the legislature specifies a different date [Tañada vs. Tuvera]

Question 2

What is the effect of non-publication of laws?

Answer 2

Unpublished laws have no binding force and effect [Tañada vs. Tuvera]

Question 3

Does “law” only refer to those of general application?

Answer 3

“Laws” refers to all laws, not just those of general application, because all laws relate to the people, even if indirectly [Tañada vs. Tuvera]

Question 4

What is the role of the Official Gazette?

Answer 4

Publication of laws must be in the Official Gazette for them to be effective after 15 days from publication, or another date specified by the legislature [Tañada vs. Tuvera]

Question 5

What should be contained in the publication of law?

Answer 5

Publication must be in full to inform the public of the laws’ contents [Tañada vs. Tuvera]. The mere mention of the number of the presidential decree, the title of such decree, its whereabouts the supposed date of effectivity cannot satisfy the publication requirement

Question 6

What is the effect of a law that says it will take effect immediately?

Answer 6

A statute that provides for its effectivity immediately upon approval is interpreted as coming into effect immediately upon publication in the Official Gazette [Tañada vs. Tuvera]

Question 7

What about administrative rules and regulations?

Answer 7

Administrative rules and regulations must also be published if their purpose is to enforce or implement existing law pursuant to a valid delegation. Interpretative regulations and internal regulations do not need to be published [Tañada vs. Tuvera]

Question 8

What is the “unless it is otherwise provided” clause in Article 2 of the Civil Code?

Answer 8

The clause “unless it is otherwise provided” refers to the date of effectivity, not the requirement of publication. Publication is indispensable. The legislature can shorten or extend the 15-day period [Tañada vs. Tuvera]

Question 9

Is publication in the Official Gazette a constitutional requirement?

Answer 9

The requirement of publication in the Official Gazette is a statutory norm, not a constitutional command [Tañada vs. Tuvera]

Question 10

What is the basis for the legal presumption that everyone knows the law?

Answer 10

The conclusive presumption that every person knows the law presupposes that the law has been published [Tañada vs. Tuvera].