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Tanada v. Tuvera Case Digest 1985

The petitioners sought to compel the publication of various presidential decrees, orders, and proclamations in the Official Gazette. The respondents argued the petitioners did not have legal standing. The Supreme Court ruled the petitioners had personality to bring the case because the publication of presidential issuances in the Official Gazette involves a public right, as it establishes operative facts with legal consequences that cannot be ignored.

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35 views1 page

Tanada v. Tuvera Case Digest 1985

The petitioners sought to compel the publication of various presidential decrees, orders, and proclamations in the Official Gazette. The respondents argued the petitioners did not have legal standing. The Supreme Court ruled the petitioners had personality to bring the case because the publication of presidential issuances in the Official Gazette involves a public right, as it establishes operative facts with legal consequences that cannot be ignored.

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Maria Cristina Martinez
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© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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Download as DOCX, PDF, TXT or read online on Scribd

DIGEST: Tanada v.s.

Tuvera 136 SCRA 27 (1985)


| December 6, 2014
G.R. No. L-63915

FACTS:

Lorenzo M. Tanada, Abraham F. Sarmiento and Movement of Attorneys for Brotherhood, Integrity and
Nationalism, Inc. petitioned Hon. Juan C. Tuvera (Executive Assistant), Hon. Joaquin Verus (Deputy EA),
Melquidas P. Dela Cruz (Director, Malacanan Records) and Florendo S. Pablo (Director of Bureau of Printing) to
publish in the Official Gazette various presidential decrees, letters of instructions, general orders, proclamations,
executive orders, letter of implementation and administrative orders. The respondents through the Solicitor General
prayed for outright dismissal because petitioners have no legal personality or standing to bring the petition and they
are not “aggrieved parties.” The petitioners maintain that this concern is a public right and its object is to compel
performance of duty.

ISSUE:

Whether or not the petitioners have the personality to compel for the publication of various administrative issuances
in the Official Gazette?

HELD:

The implementation of presidential decrees in the Official Gazette is an operative fact which consequences which
can not justly be ignored. The publication of all presidential issuances of “public nature” or “general applicability” is
mandated by law. Those issuances which apply to particular persons are assumed to be circularized. Since the
petition concerned of a public policy the petitioners have the said personality.

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