A. When Laws Take Effect

A. When Law Takes Effect; Publication (Civil Code, art. 2)

> Article 2. Laws shall take effect after fifteen days following the completion of their publication in the Official Gazette, unless it is otherwise provided. This Code shall take effect one year after such publication. (1a)

Law - Aquinas defined law as “an ordinance of reason for the common good, made by him who has care of the community, and promulgated.” (Republic v. Sandiganbayan, G.R. No. 104768, July 21, 2003)

Effectivity of laws

Laws shall take effect after fifteen days following the completion of their publication either in the Official Gazette, or in a newspaper of general circulation in the Philippines, unless it is otherwise provided. [(New Civil Code (NCC), Art. 2, as amended by EO 200)]

Effectivity: It depends on whether or not it has provided a specific date for its effectivity:

• If date is specified – If the law specifies an effectivity date or period, follow that provision, subject to prior complete publication.
• If no date is specified – The law takes effect after fifteen days following the completion of its publication under Art. 2 of the New Civil Code, as amended by EO 200.
• 15th day - If the law declares that it shall become effective “15 days after its publication.”
• 16th day - If the law declares that it shall be effective “after 15 days following its publication.”
• If the law provides for immediate effectivity or upon approval – It is effective immediately after its complete publication and not after signing by the President.
• If the law is voluminous – Reckoning shall begin from the release of the last of the series.

“Unless it is otherwise provided” provision on effectivity of law

This clause refers to the date of effectivity and not to the requirement of publication itself. The requirement of publication may not be omitted in any event. This clause does not mean that the legislature may make the law effective immediately upon approval, or on any other date without its previous publication.

Publication requirement

Publication is indispensable in every case, but the legislature may in its discretion provide that the usual fifteen-day (15) period shall be shortened or extended. (Umali v. Estanislao, G.R. No. 104037, May 29, 1992; Tañada v. Tuvera, G.R. No. L-63915, December 29, 1986)

Publication must be in full or there is no publication at all since its purpose is to inform the public of the contents of the law. The mere mention of the number of the presidential decree, the title of such decree, its whereabouts, the supposed date of effectivity, and in a mere supplement of the Official Gazette cannot satisfy the publication requirement. This is not even substantial compliance. (Tañada v. Tuvera, G.R. No. L-63915, December 29, 1986)

Indispensability of publication

GR: All laws are required to be published in full.

NOTE: The reason for this rule is that the basic constitutional requirement of due process must be satisfied. (Rabuya, 2009) Without such notice and publication, there would be no basis for the application of the maxim ignorantia legis non excusat. (Rabuya, 2009)

Exception to the publication requirement:

• Municipal ordinances are governed by the Local Government Code’s posting requirements (Sec. 59); tax ordinances or revenue measures must be published in a local newspaper, or posted where no such newspaper exists (Sec. 188). They are not categorically exempt from public notice;
• Rules and regulations which are internal in nature;
• Letters of Instruction issued by administrative supervisors on internal rules and guidelines;
• Interpretative regulations regulating only the personnel of administrative agencies

Exception to the Exception:

Administrative rules and regulations that require publication:

• The purpose of which is to implement or enforce existing laws pursuant to a valid Delegation;
• Penal in nature; and
• If it diminishes Existing rights of certain individuals.

NOTE: Circulars issued by the monetary board are required to be published if they are meant not merely to interpret but to “fill in details” of the Central Bank Act. As a rule, circulars which prescribe a penalty for violations should be published before becoming effective. However, circulars which are mere statements of general policies as to how the law should be construed do not need publication in the Official Gazette for their effectiveness.

Newspaper of general circulation

For a newspaper to be considered of general circulation:

• It must be published within the court’s jurisdiction;
• It must be published at regular intervals for disseminating local news and general information;
• It has a bona fide subscription list of paying subscribers; and
• It is not devoted to the interest or published for the entertainment of a particular class, profession, trade, calling, race or religious denomination.

Q: Honasan questions the authority and jurisdiction of the DOJ panel of prosecutors to conduct a preliminary investigation and to eventually file charges against him, claiming that since he is a senator with a salary grade of 31, it is the Office of the Ombudsman, not the DOJ, that has authority and jurisdiction to conduct the preliminary investigation.

DOJ claims that it has concurrent jurisdiction, invoking an OMB-DOJ Joint Circular which outlines the authority and responsibilities among prosecutors of the DOJ and the Office of the Ombudsman in the conduct of preliminary investigations.

Honasan counters that said circular is ineffective as it was never published. Is OMB-DOJ Circular No. 95-001 ineffective because it was not published?

A: NO. OMB-DOJ Circular No. 95-001 is merely an internal circular between the two offices which outlines the authority and responsibilities among prosecutors of the DOJ and of the Office of the Ombudsman in the conduct of preliminary investigations. It does not contain any penal provision nor prescribe a mandatory act or prohibit any under pain of penalty. It does not regulate the conduct of persons or the public, in general. It need not be published. (Honasan v. Panel of Investigating Prosecutors of the Department of Justice, G.R. No. 159747, April 13, 2004)

Q: The Sangguniang Bayan of Hagonoy, Bulacan enacted an ordinance which increased the stall rentals of the market vendors in Hagonoy. Art. 3 of the said ordinance provided that it shall take effect upon approval. The ordinance was posted from November 4 to 25, 1996.

In the last week of November 1997, petitioners were personally given copies and were informed that it shall be enforced in January 1998.

The petitioners contended that the subject ordinance was not published as required by law. Did the ordinance comply with the rule of publication?

A: YES. An ordinance which increased the stall rentals of the market vendors complied with the applicable posting requirement when the same was posted in 3 conspicuous places. (Sec. 59, Local Government Code; Hagonoy Market Vendor Association v. Municipality of Hagonoy, G.R. No. 137621, February 6, 2002)

NOTE: Within ten (10) days after their approval, certified true copies of all provincial, city, and municipal tax ordinances or revenue measures shall be published in full for three (3) consecutive days in a newspaper of local circulation: Provided, however, that in provinces, cities and municipalities where there are no newspapers of local circulation, the same may be posted in at least two (2) conspicuous and publicly accessible places. (Sec. 188, Local Government Code)