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Recit-Ready Digest: A Motion of Reconsideration of The Previous Decision of

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Jillian Gatchalian Paris

1) The petitioners filed a motion for reconsideration of a previous court decision requiring publication of all unpublished laws and issuances of general applicability. 2) The petitioners argued that there should be no distinction between laws of general application and those that are not, that publication means complete publication in the Official Gazette, and that publication must be made immediately. 3) The respondents contended that publication is not required when the law or issuance provides for immediate effectivity upon approval. 4) The court held that the "unless otherwise provided" clause refers to the effective date, not the publication requirement, and that all laws, regardless of applicability, must be published before taking effect.

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Recit-Ready Digest: A Motion of Reconsideration of The Previous Decision of

Uploaded by

Jillian Gatchalian Paris
36 views1 page
1) The petitioners filed a motion for reconsideration of a previous court decision requiring publication of all unpublished laws and issuances of general applicability. 2) The petitioners argued that there should be no distinction between laws of general application and those that are not, that publication means complete publication in the Official Gazette, and that publication must be made immediately. 3) The respondents contended that publication is not required when the law or issuance provides for immediate effectivity upon approval. 4) The court held that the "unless otherwise provided" clause refers to the effective date, not the publication requirement, and that all laws, regardless of applicability, must be published before taking effect.

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digest

Original Title

Tanada v Tuvera

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1) The petitioners filed a motion for reconsideration of a previous court decision requiring publication of all unpublished laws and issuances of general applicability. 2) The petitioners argued that there should be no distinction between laws of general application and those that are not, that publication means complete publication in the Official Gazette, and that publication must be made immediately. 3) The respondents contended that publication is not required when the law or issuance provides for immediate effectivity upon approval. 4) The court held that the "unless otherwise provided" clause refers to the effective date, not the publication requirement, and that all laws, regardless of applicability, must be published before taking effect.

Copyright:

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

Recit-Ready Digest: A Motion of Reconsideration of The Previous Decision of

Uploaded by

Jillian Gatchalian Paris
1) The petitioners filed a motion for reconsideration of a previous court decision requiring publication of all unpublished laws and issuances of general applicability. 2) The petitioners argued that there should be no distinction between laws of general application and those that are not, that publication means complete publication in the Official Gazette, and that publication must be made immediately. 3) The respondents contended that publication is not required when the law or issuance provides for immediate effectivity upon approval. 4) The court held that the "unless otherwise provided" clause refers to the effective date, not the publication requirement, and that all laws, regardless of applicability, must be published before taking effect.

Copyright:

© All Rights Reserved
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Tanada v Tuvera

G.R. No. L-63915



Ponente: Cruz, J

Facts:

A motion of reconsideration of the previous decision of the court on
April 24, 1985 ordering respondents to publish in the official gazette all
unpublished issuance which are for general application, and unless so
published, that they shall have no binding force and effect. Specifically they are
asking (1) what is meant by law of public nature or general applicability? (2)
Must a distinction be made between laws of general applicability and laws
which are not? (3) What is meant by publication? (4) Where is publication to be
made? (5) When is the publication to be made?

The petitioners suggest that there should be no distinction between
laws of general application and to those which are not, that publication means
complete publication and that the publication must be made forthwith in the
Official Gazette. Respondent argues that while publication is necessary, it is not
so when it was otherwise provided in the decree itself that it shall to become
effective immediately upon their approval.

Issues:

1. Whether or not the clause unless otherwise provided refers to the
requirement of publication
2. Whether or not it is applicable only to laws of general application
Held/Ratio:

1. NO. The clause unless otherwise provided refers to the date of
effectivity and not to the requirement of publication itself, which
cannot in any event be omitted. It does not mean that the legislature
may make the law effective immediately upon approval, or any other
date, without its previous publication. Such omission would offend due
process as it would deny the public knowledge of the laws that are
supposed to govern the legislature.
2. NO. Laws should refer to all laws and not only those of general
application, for strictly speaking all laws relate to the people in general
albeit there are some that do not apply to them directly. A law without
any bearing on the public would be invalid as an intrusion of privacy or
as class legislation or as an ultra vires act of the legislature. To be valid,
the law must invariably affect the public interest even if it might be
directly applicable only to one individual, or some of the people only,
and to the public as a whole. All statutes, including those of local
application and private laws, shall be published as a condition for their
effectivity, which shall begin fifteen days after publication unless a
different effectivity date is fixed by the legislature.
Final Ruling: WHEREFORE, it is hereby declared that all laws as above defined
shall immediately upon their approval, or as soon thereafter as possible, be
published in full in the Official Gazette, to become effective only after fifteen
days from their publication, or on another date specified by the legislature, in
accordance with Article 2 of the Civil Code.
SO ORDERED.

Recit-Ready Digest: A motion of reconsideration of the previous decision of
the court on April 24, 1985. The petitioners suggest that there should be no
distinction between laws of general application and to those which are not,
that publication means complete publication and that the publication must
be made forthwith in the Official Gazette. Respondent argues that while
publication is necessary, it is not so when it was otherwise provided in the
decree itself that it shall to become effective immediately upon their
approval.


1. W/N the clause unless otherwise provided refers to the
requirement of publication?

NO. The clause unless otherwise provided refers to the date of
effectivity and not to the requirement of publication itself, which
cannot in any event be omitted.

2. W/N it is applicable only to laws of general application?

NO. Laws should refer to all laws and not only those of general
application

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