Consti Prov Tanada v Tuvera

7/28/2019 Consti Prov Tanada v Tuvera

1/3

Art. II Declaration of Principles and State Policies

Section 14. The State recognizes the role of women in nation-building, and shall ensure the fundamental equalitybefore the law of women and men.

Art. III Bill of Rights

Section 1. No person shall be deprived of life, liberty, or property without due process of law, nor shall any person

be denied the equal protection of the laws.Section 9. Private property shall not be taken for public use without just compensation.

Section 10. No law impairing the obligation of contracts shall be passed.

Section 11. Free access to the courts and quasi-judicial bodies and adequate legal assistance shall not be denied to

any person by reason of poverty.

Art. IX Constitutional Commissions

C. Section 10. Bona fide candidates for any public office shall be free from any form of harassment and

discrimination.

Art. XII National Economy and Patrimony

Section 10. The Congress shall, upon recommendation of the economic and planning agency, when the national

interest dictates, reserve to citizens of the Philippines or to corporations or associations at least sixty per centum

of whose capital is owned by such citizens, or such higher percentage as Congress may prescribe, certain areas of

investments. The Congress shall enact measures that will encourage the formation and operation of enterprises

whose capital is wholly owned by Filipinos.

In the grant of rights, privileges, and concessions covering the national economy and patrimony, the State shall

give preference to qualified Filipinos.The State shall regulate and exercise authority over foreign investments within its national jurisdiction and in

accordance with its national goals and priorities.

Section 18. The State may, in the interest of national welfare or defense, establish and operate vital industries and,

upon payment of just compensation, transfer to public ownership utilities and other private enterprises to beoperated by the Government.

Art. XIII Social Justice and Human Rights

Section 1. The Congress shall give highest priority to the enactment of measures that protect and enhance theright of all the people to human dignity, reduce social, economic, and political inequalities, and remove cultural

inequities by equitably diffusing wealth and political power for the common good.

To this end, the State shall regulate the acquisition, ownership, use, and disposition of property and its increments.Section 2. The promotion of social justice shall include the commitment to create economic opportunities based

on freedom of initiative and self-reliance.

Labor

Section 3. The State shall afford full protection to labor, local and overseas, organized and unorganized, andpromote full employment and equality of employment opportunities for all.

It shall guarantee the rights of all workers to self-organization, collective bargaining and negotiations,and peaceful

concerted activities, including the right to strike in accordance with law. They shall be entitled to security of tenure,

humane conditions of work, and a living wage. They shall also participate in policy and decision-making processes

affecting their rights and benefits as may be provided by law.

The State shall promote the principle of shared responsibility between workers and employers and the preferentialuse of voluntary modes in settling disputes, including conciliation, and shall enforce their mutual compliance

therewith to foster industrial peace.

The State shall regulate the relations between workers and employers, recognizing the right of labor to its just

share in the fruits of production and the right of enterprises to reasonable returns to investments, and to

expansion and growth.


2/3

TAADA VS. TUVERA

136 SCRA 27 (April 24, 1985)

FACTS:

Invoking the right of the people to be informed on matters of public concern as well as the principle thatlaws to be valid and enforceable must be published in the Official Gazette, petitioners filed for writ of

mandamus to compel respondent public officials to publish and/or cause to publish various presidential

decrees, letters of instructions, general orders, proclamations, executive orders, letters of

implementations and administrative orders.

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.

ISSUE:

Whether or not publication in the Official Gazette is required before any law or statute becomes validand enforceable.

HELD:

Art. 2 of the Civil Code does not preclude the requirement of publication in the Official Gazette, even if

the law itself provides for the date of its effectivity. The clear object of this provision is to give the

general public adequate notice of the various laws which are to regulate their actions and conduct as

citizens. Without such notice and publication, there would be no basis for the application of the

maxim ignoratia legis nominem excusat. It would be the height of injustive to punish or otherwise

burden a citizen for the transgression of a law which he had no notice whatsoever, not even a

constructive one.

The very first clause of Section 1 of CA 638 reads: there shall be published in the Official Gazette. The

word shall therein imposes upon respondent officials an imperative duty. That duty must be enforced

if the constitutional right of the people to be informed on matter of public concern is to be given

substance and validity.

The publication of presidential issuances of public nature or of general applicability 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. The Court declared that presidential issuances of general

application which have not been published have no force and effect.


3/3

TAADA VS. TUVERA

146 SCRA 446 (December 29, 1986)

FACTS:

This is a motion for reconsideration of the decision promulgated on April 24, 1985. Respondent argued that whilepublication was necessary as a rule, it was not so when it was otherwise as when the decrees themselves

declared that they were to become effective immediately upon their approval.

ISSUES:

Whether or not a distinction be made between laws of general applicability and laws which are not as to their

publication;

Whether or not a publication shall be made in publications of general circulation.

HELD:

The clause unless it is otherwise provided refers to the date of effectivity and not to the requirement of

publication itself, which cannot in any event be omitted. This clause does not mean that the legislature may make

the law effective immediately upon approval, or in any other date, without its previous publication.

Laws should refer to all laws and not only to those of general application, for strictly speaking, all laws relate to

the people in general albeit there are some that do not apply to them directly. A law without any bearing on the

public would be invalid as an intrusion of privacy or as class legislation or as an ultra vires act of the legislature. To

be valid, the law must invariably affect the public interest eve if it might be directly applicable only to one

individual, or some of the people only, and not to the public as a whole.

All statutes, including those of local application and private laws, shall be published as a condition for their

effectivity, which shall begin 15 days after publication unless a different effectivity date is fixed by the legislature.

Publication must be in full or it is no publication at all, since its purpose is to inform the public of the content of the

law.

Article 2 of the Civil Code provides that publication of laws must be made in the Official Gazette, and not

elsewhere, as a requirement for their effectivity. The Supreme Court is not called upon to rule upon the wisdom of

a law or to repeal or modify it if it finds it impractical.

The publication must be made forthwith, or at least as soon as possible.

J. Cruz:

Laws must come out in the open in the clear light of the sun instead of skulking in the shadows with their dark,

deep secrets. Mysterious pronouncements and rumored rules cannot be recognized as binding unless their

existence and contents are confirmed by a valid publication intended to make full disclosure and give proper

notice to the people. The furtive law is like a scabbarded saber that cannot faint, parry or cut unless the naked

blade is drawn.

Documents

Consti Prov Tanada v Tuvera