Biyernes, Disyembre 9, 2011

E Gazette

Article 2 of the Civil Code partly provides that “ laws shall take effect after fifteen days following completion of their publication in the Official Gazette, unless it is otherwise provided….”

The requirement that for the laws to be effective only a publication thereof in the Official Gazette will suffice has entailed some problems, a point recognized by the Supreme Court in Tanada, et a. vs. Tuvera, eta al. (G.R. No. 63915, December 29 1986) when it observed that “ there is much said of the view that the publication need not be made in the Official Gazette, considering its erratic release and limited readership”

It was likewise observed that “ undoubtedly, newspapers of general circulation could be better perform the function of communicating the laws to the people as such periodicals are more easily available, have a wider readership, and come out regularly”.
Under Article 2, publication in the Official Gazette was necessary. Now, under E.O. No. 200, publication may either be in Official Gazette or a newspaper of general circulation.

As a general rule, laws must be published in either the Official Gazette of a newspaper of general circulation. But laws may provide for another manner of publication. With the advent of technology, different manner of publication may be read over the television of the radio or the internet or any other manner provided that the alternative is reasonable. Publication, means making it known; dissemination. Thus, it does not have to be in writing or in the traditional publication like the newspaper. Electronic publication of law or statute save in the Website of the Official Gazette of the Office of the President satisfies the requirement of Article 2, of the Civil Code of the Philippines.

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