CASE DIGEST FOR TANADA VS TUVERA

FACTS:
The petitioners are seeking a writ of mandamus to make the public officials (respondents)
publish the different presidential decrees, general orders, letter of instructions, proclamations,
executive orders, and administrative orders. Furthermore, the petitioners applied the peoples
right to be informed on matters of public concern (section 6, article IV of the 1973 Philippine
Constitution) as a means to strengthen their case.
On the other hand, the respondents are seeking to dismiss the case on the ground that the
petitioners lack any legal personality to enforce the petition. However, the petitioners are
adamant that their petition is concerned with a public right and its essence is to oblige public
duty, which does not require the petitioners to show any specific interest. Nevertheless, the
respondents still challenge that publication in the Official Gazette is not a very important
requirement (sine qua non) for the application of laws, especially if the effectivity dates are
already written on the said laws.
ISSUE:
The main issue on hand in this case is whether or not the publication of presidential
decrees, general orders, letter of instructions, proclamations, executive orders, and
administrative orders in the Official Gazette is a crucial component for the effectivity of the
aforementioned in which the laws themselves already provide for their own dates of effectivity.
RULING:
YES. As stated in section 6, article IV of the 1973 Constitution, it is the peoples right to be
informed on matters of public concern and similarly, and citizens have access to official records
and to documents & papers pertaining to official acts, transactions, or decisions subject to such
limitations as may be provided by law. In the letter and spirit of laws, these must be published in
the Official Gazette or otherwise effectively disseminated to the public for the new laws to
become enforceable and legal. While an LOI or PD states its effectivity date, it does not mean
that their publication is precluded since they establish valuable legislative acts. It is important to
note that the publication of presidential issuances of public nature or of general applicability
is a necessity of due process as part of the law of the land. A person must initially be informed of
the official new laws and its contents before he or she may be bound by the aforementioned.
Thus, the respondents were ordered by the supreme court to publish in the Official Gazette
all the unpublished presidential issuances of general application; and until there are proper
publishing of the aforementioned, there will be no binding force and effect to the affected people.
Additionally, the judgment of this case brings the publication as a necessary constructive
notice to the people and is therefore the remedy for using ignorance as a blatant excuse towards
following the law of the land.