55. Tau00f1ada v Tuvera.docx - 55 TAu00d1ADA v TUVERA G.R...

55. TAÑADA v TUVERA
G.R. No. L-63915 April 24, 1985
Kymi
TOPIC : INTERPRETATION OF TAX LAWS
PETITIONERS : LORENZO M. TAÑADA, ABRAHAM F. SARMIENTO, and
MOVEMENT OF ATTORNEYS FOR BROTHERHOOD, INTEGRITY AND
NATIONALISM, INC. [MABINI],
RESPONDENTS : 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
 Invoking the people's right to be informed on matters of public
concern, a right recognized in Section 6, Article IV of the 1973
Philippine Constitution, as well as the principle that laws to be valid
and enforceable must be published in the Official Gazette or
otherwise effectively promulgated.
o 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.
o Specifically, the publication of the following presidential
issuances is sought.
 The respondents, through SolGen, would have this case dismissed
outright on the ground that petitioners have no legal personality or
standing to bring the instant petition.
o The view is submitted that 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 said petitioners are without the
requisite legal personality to institute this mandamus
proceeding, they are not being “aggrieved parties” within the
meaning of Section 3, Rule 65 of RoC.
 Upon the other hand, petitioners maintain that since the subject of
the petition concerns a public right and its object is to compel the
performance of a public duty, they need not show any specific
interest for their petition to be given due course.
ISSUE: WON the publication in the Official Gazette is a sine qua non
requirement for the effectivity of laws where the laws themselves
provide for their own effectivity dates?
HELD: YES.
Clearly, the right sought to be enforced by petitioners herein is a public right
recognized by no less than the fundamental law of the land.
 If petitioners were not allowed to institute this proceeding, it would
indeed be difficult to conceive of any other person to initiate the
same, considering that the SolGen, the government officer generally
empowered to represent the people, has entered his appearance for
respondents in this case.