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LORENZO M. TAÑADA, ET AL. V. HON. JUAN C. TUVERA, ET AL.
G.R. No. L-63915
April 24, 1985
Petitioners filed a Petition for Mandamus compelling the respondents to publish all presidential decrees that are not published yet, regardless if these decrees were able to provide for their own effectivity.The Solicitor General, representing the respondents, moved for the dismissal of the case, contending that petitioners have no legal personality to bring the instant petition.
Whether or not publication in the Official Gazette or any other form of is required before any law to take effect?
Yes, the court agreed that it's essential for any law or statute to be published first before they become effective as it's unconstitutional for someone to be punished for violating a law which he received no notice about, and there would be no basis for the application of Article 3, thus prevents due process to take place. As a result, the court ordered the repondents to publish all unpublished presidential issuances in the Official Gazette—until then, these presidential issuances will not take effect.
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