TANADA VS TUVERA 146 SCRA 446 (1986)

 FACTS:

Petitioners seek a writ of mandamus to compel respondent 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, letter of implementation and administrative orders. The respondents, through the Solicitor General, would have this case dismissed outright on the ground that petitioners have no legal personality or standing to bring the instant petition in the absence of any showing that petitioners are personally and directly affected or prejudiced by the alleged non-publication of the presidential issuances in question.

 

ISSUE: Whether presidential issuances of general applicability are required to be published to have force and effect

 

RULING:

Yes. The publication of all presidential issuances "of a public nature" or "of general applicability" is mandated by law. Presidential decrees that provide for fines, forfeitures or penalties for their violation or otherwise impose a burden on the people, such as tax and revenue measures, fall within this category. Other presidential issuances which apply only to particular persons or class of persons such as administrative and executive orders need not be published on the assumption that they have been circularized to all concerned. Such publication is a requirement of due process. It is a rule of law that before a person may be bound by law, he must first be officially and specifically informed of its contents.