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Tanada Vs Tuvera

This case determined whether presidential decrees, executive orders, and other official documents still needed to be published in the Official Gazette if they contained provisions specifying their effective dates. The court granted the petitioners' request, finding that publication is necessary for laws whose effectivity dates are not stated, but not for those that already specify when they take effect. The publication requirement is part of substantive due process.

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158 views1 page

Tanada Vs Tuvera

This case determined whether presidential decrees, executive orders, and other official documents still needed to be published in the Official Gazette if they contained provisions specifying their effective dates. The court granted the petitioners' request, finding that publication is necessary for laws whose effectivity dates are not stated, but not for those that already specify when they take effect. The publication requirement is part of substantive due process.

Uploaded by

ron dominic dagum
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as DOCX, PDF, TXT or read online on Scribd
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TANADA vs TUVERA

ISSUE:  Whether or not the statutes in question which contain special


provisions as to the date they are to take effect still need to be published in
the Official Gazette 

FACTS:  Petitioners herein are seeking a writ of mandamus to compel


public officials to publish and/or cause the publication in the Official
Gazette of various presidential decrees, letters of instructions, general
orders, proclamations, executive orders, letters of implementation, and
administrative orders. Respondents, on the other hand, claimed that this case
has no legal personality or standing. Further, they argued that the publication
in the Official Gazette in necessary for the effectivity of the law where the
law themselves provides for their own effectivity dates. 

DECISION:  Granted 

RATIO DECIDENDI:  . Yes. Publication in the Official Gazette is


necessary in those cases where the legislation itself does not provide for its
effectivity date, for then the date of publication is material for determining
the date of the effectivity which must be 15 days following the completion
of its publication, but not when the law itself provides for the date when it
goes to effect. Publication of laws is part of substantive due process.  

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