Tañada v Tuvera Digest 1985 

G.R. No. L-63915 April 24, 1985

LORENZO M. TAÑADA, ABRAHAM F. SARMIENTO, and MOVEMENT OF ATTORNEYS FOR BROTHERHOOD, INTEGRITY AND NATIONALISM, INC. [MABINI], petitioners,
vs.

HON. JUAN C. TUVERA, in his capacity as Executive Assistant to the President, HON. JOAQUIN VENUS, in his capacity as Deputy Executive Assistant to the President , MELQUIADES P. DE LA CRUZ, in his capacity as Director, Malacañang Records Office, and FLORENDO S. PABLO, in his capacity as Director, Bureau of Printing, respondents.

ESCOLIN, J.:

Facts of the Case: 

           Invoking the people’s right recognized in Section 6, Article IV of the 1973 Philippine Constitution, which States “The right of the people to information on matters of public concern shall be recognized. Access to official records, and to documents and paper pertaining to official acts, transactions, or decisions, shall be afforded the citizens subject to such limitations as may be provided by law.”, petitioners seek a writ of mandamus to compel respondent public officials to publish in the Official Gazette the Presidential Decrees, Letter of Instructions, General Orders, Executive Orders, Letters of Implementation and Administrative Orders.

         However, respondents would like to have the case dismissed outright on the ground that petitioners have no legal personality to bring the instant petition, they being not the aggrieved parties defined in Section 3, Rule 65, furthermore, the respondents contend that publication in the Official Gazette is not a sine qua non requirement for the effectivity of laws where the laws provide for their own effectivity.

Issues: 1. Whether or not petitioners have the legal personality to bring the instant petition.

            2. Whether or not the public officials are obliged to publish in the Official Gazette any law or statute before it becomes valid and binding.

Held: 

           1. Yes. When the question is one of public right and the object of the mandamus is of public duty, the relator need not show special interest.

          2. Yes. Laws or statute can only be effective and binding when it is published in the Official Gazette. Respondents contention is logically correct only insofar as it equates the effectivity but not with the fact of publication in accordance with Section 1 of Commonwealth Act 638.