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These are all original case digests or case briefs done while the author was studying law school in the Philippines.

Hopefully these digested cases will help you get a good grasp of the salient facts and rulings of the Supreme Court in order to have a better understanding of Philippine Jurisprudence.

Please forgive any typo/grammatical errors as these were done while trying to keep up with the hectic demands brought about by the study of law.

God bless!

UPDATE:
Since the author is now a lawyer, this blog will now include templates of Philippine legal forms for your easy reference. This blog will be updated daily.

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Tuesday, October 17, 2017

Tanada vs Tuvera 146 SCRA 446


Facts:
Petitioner is 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, 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.

Issue:
Whether or not publication of the law is a requirement for its effectivity

Ruling:
Yes. The clear object of the publication 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 "ignorantialegis non excusat." It would be the height of injustice to punish or otherwise burden a citizen for the transgression of a law of which he had no notice whatsoever, not even a constructive one. 

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