Admin Penal Rules and Regulations

8/19/2019 Admin Penal Rules and Regulations

1/20

ADMINISTRATIVE LAW

PENAL RULES AND REGULATIONS

Refer to those carrying penal or criminal sanctions for

violation of rules and regulations Lawmaking body cannot delegate to an administrative

agency the power to declare what acts should constitute

criminal offense and how shall it be punished Prescribing of penalties is exclusively a legislative function

and may not be delegated to administrative authorities.However, Congress may validly provide in the law itself for

the imposition of the penalty for violation of rules and

regulations which it has empowered administrative

authorities to enact. Publication !" days following completion in the #fficial

$a%ette& is necessary because such rules contain penal

provisions, thus, the people must be officially informed.

GENERAL RULE: 'he power to punish and define crimescannot be delegated essentially within the legislature.

Legislative act cannot be delegated. (hy) *elegation of

discretion + power to f ill in details -#' LL#(/*

EXCEPTIONS:

R/01232'/3 4#R 5L2*2'6

REQUISITES FOR VALIDITY!. Law authori%ing the

issuance of rules and

regulations must itself declare

as punishable the violation of

7any rules and regulations

issued thereunder.8

9arcos v. C

:. Law should define or fix the

penalty for the violation of therules and regulations.

9arcos v. C

;. Rules and regulations must

be published in the #fficial

$a%ette.

People v. 0ue Po Lay

'anada v. 'uvera

4ormat

!. Law

:. dministrative Rules and Regulations

;. 5iolation

;:!??. #ctober !@, !ABB.

THE PEOPLE OF THE PHILIPPINES, plaintiappellant , vs. HON. MAXIMO A. MACEREN, CFI, Sta. CruLau!a, "OSE #UENAVENTURA, GODOFREDO REYE#EN"AMIN REYES, NA$ARIO AQUINO a!% CARLITO DEROSARIO, accused-appellees.

Office of the Solicitor General for appellant.

Rustico F . de los Reyes, Jr . for appellees.

D E C I S I O N

AQUINO, J p

'his is a case involving the validity of a !A?B regulatio

penali%ing electro fishing in fresh water fisheries, promulgated

the 3ecretary of griculture and -atural Resources and t

Commissioner of 4isheries under the old 4isheries Law and th

law creating the 4isheries Commission. cdtai

#n 9arch B, !A?A Dose Euenaventura, $odofredo Reye

EenFamin Reyes, -a%ario Guino and Carlito del Rosario we

charged by a Constabulary investigator in the municipal court

3ta. Cru%, Laguna with having violated 4isheries dministrati

#rder -o. @!.

2t was alleged in the complaint that the five accused in th

morning of 9arch !, !A?A resorted to electro fishing in t

waters of Earrio 3an Pablo -orte, 3ta. Cru% by using their ow

motor banca, eGuipped with motorI with a generator color

green with attached dynamo colored gray or somewhat whi

and electrocuting device locally known as JsensoJ with

somewhat webbed copper wire on the tip or other end of

bamboo pole with electric wire attachment which was attached

the dynamo direct and with the use of these devices

eGuipments catches fish thru electric current, which destroy a

aGuatic animals within its currect reach, to the detriment an

preFudice of the populace Criminal Case -o. ";?

'he case is now before this Court on appeal by the prosecutio

under Republic ct -o. "


2/20

3ection B? of the same law punishes any person who uses an

obnoxious or poisonous substance in fishing with a fine of not

less than five hundred pesos nor more than five

thousand, and by imprisonment for not less than six months nor

more than five years.

2t is noteworthy that the 4isheries Law does not expressly punish

electro fishing. -otwithstanding the silence of the law, the

3ecretary of griculture and -atural Resources, upon the

recommendation of the Commissioner of 4isheries, promulgated

4isheries dministrative #rder -o. @< ?: #.$. !::


3/20

2n this appeal, the prosecution argues that dministrative #rders

-os. @< and @! were not issued under section !! of the

4isheries Law which, as indicated above, punishes fishing by

means of an obnoxious or poisonous substance. 'his contention

is not well>taken because, as already stated, the penal provision

of dministrative #rder -o. @


4/20

exceeded his authority in penali%ing electro fishing by means of

an administrative order.

dministrative agencies are clothed with rule>making powers

because the lawmaking body finds it impracticable, if not

impossible, to anticipate and provide for the multifarious and

complex situations that may be encountered in enforcing the law.

ll that is reGuired is that the regulation should be germane to

the obFects and purposes of the law and that it should conform to

the standards that the law prescribes People vs. /xconde, !K!

Phil. !!:"I *irector of 4orestry vs. 9uNo%, L>:

"@"I 9anuel vs. $eneral uditing #ffice, L>:@A":, *ecember :A,

!AB!, :!AK?, ugust :A,

!A?A, :A 3CR ;"K&.

'he rule>making power must be confined to details for regulating

the mode or proceeding to carry into effect the law as it has been

enacted. 'he power cannot be extended to amending or

expanding the statutory reGuirements or to embrace matters not

covered by the statute. Rules that subvert the statute cannot be

sanctioned. 1niversity of 3anto 'omas vs. Eoard of 'ax

ppeals, A; Phil. ;B?, ;@:, citing !: C.D. @


5/20

2n case of discrepancy between the basic law and a rule or

regulation issued to implement said law, the basic law prevails

because said rule or regulation cannot go beyond the terms and

provisions of the basic law People vs. Lim, !K@ Phil. !KA!&.

'his Court in its decision in the Lim case, supra, promulgated on

Duly :?, !A?K, called the attention of technical men in the

executive departments, who draft rules and regulations, to the

importance and necessity of closely following the legalprovisions which they intend to implement so as to avoid any

possible misunderstanding or confusion.

'he rule is that the violation of a regulation prescribed by an

executive officer of the government in conformity with and based

upon a statute authori%ing such regulation constitutes an offense

and renders the offender liable to punishment in accordance with

the provisions of the law 1.3. vs. 'upasi 9olina, :A Phil. !!A,

!:


6/20

board to extend or modify the statute. Hence, the indictment

against 9iles was Guashed. 'he 'iles case is similar to this

case. aisa dc

(H/R/4#R/, the lower courtJs decision of Dune A, !ABK is set

aside for lack of appellate Furisdiction and the order of dismissal

rendered by the municipal court of 3ta. Cru%, Laguna in Criminal

Case -o. "


7/20

servants and agents took the said carabaos from the said corral

and drove them from one place to another for the purpose of

working them.

'he defendant demurred to this information on the ground that

the acts complained of did not constitute a crime. 'he demurrer

was overruled and the defendant duly excepted and pleaded not

guilty.

4rom the evidence introduced by the prosecution on the trial of

the cause it appears that the defendant was notified in writing on4ebruary ::, !A!;, by a duly authori%ed agent of the *irector of

griculture, that all of his carabaos in the barrio of 9asamat,

municipality of 9exico, Pampanga Province, had been exposed

to the disease commonly known as rinderpest, and that said

carabaos were accordingly declared under Guarantine, and were

ordered kept in a corral designated by an agent of the Eureau of

griculture and were to remain there until released by further

order of the *irector of griculture.

2t further appears from the testimony of the witnesses. for the

prosecution that the defendant fully understood that, according

to the orders of the Eureau of griculture, he was not to remove

the animals, or to permit anyone else to remove them, from theGuarantine in which they had been placed. 2n spite, however, of

all this, the carabaos were taken from the corral by the

commands of the accused and driven from place to place on his

hacienda, and were used as work animals thereon in the same

manner as if they had not been Guarantined.

'he contention of the accused is that the facts alleged in the

information and proved on the trial do not constitute a violation of

ct -o. !B?K or any portion thereof.

(e are forced to agree with this contention.

'he original information against the accused charged a violation

of section ? of ct -o. !B?K committed by the accused in that he

ordered and permitted his carabaos, which, at the time, were in

Guarantine, to be taken from Guarantine and moved from one

place to another on his hacienda. n amended information was

filed. 2t failed, however, to specify the section of ct -o. !B?K

alleged to have been violated, evidently leaving that to be

ascertained by the court on the trial.

'he only sections of ct -o. !B?K which prohibit acts and

pronounce them unlawful are ;, < and ". 'his case does not fall

within any of them. 3ection ; provides, in effect, that it shall be

unlawful for any person, firm, or corporation knowingly to ship or

otherwise bring into the Philippine 2slands any animal suffering

from, infected with, or dead of any dangerous communicable

disease, or any of the effects pertaining to such animal which are

liable to introduce such disease into the Philippine 2slands.

3ection < declares, substantially, that it shall be unlawful for any

person, firm, or corporation knowingly to ship, drive or otherwise

take or transport from one island, province, municipality,

township, or settlement to another any domestic animal suffering

from any dangerous communicable disease or to expose such

animal either alive or dead on any public road or highway where

it may come in contact with other domestic animals. 3ection "

provides that whenever the 3ecretary of the 2nterior shall declare

that a dangerous communicable animal disease prevails in a

island, province, municipality, township, or settlement and th

there is danger of spreading such disease by shipping, driving

otherwise transporting or taking out of such island, provinc

municipality, township, or settlement any class of domes

animal, it shall be unlawful for any person, firm or corporation

ship, drive or otherwise remove the kind of animals so specifi

from such locality except when accompanied by a certifica

issued by authority of the *irector of griculture stating t

number and the kind of animals to be shipped, driven, taken

transported, their destination, manner in which they aauthori%ed to be shipped, driven, taken, or transported, and the

brands and distinguishing marks.

simple reading of these sections demonstrates clearly that t

case at bar does not fall within any of them. 'here is no Guestio

here of importation and there is no charge or proof that t

animals in Guestion were suffering from a dangero

communicable disease or that the 3ecretary of the 2nterior h

made the declaration provided for in section " or that t

accused had driven or taken said animals from one islan

province, municipality, township or settlement to another. 2t w

alleged in the information and proved on the trial that the anima

had been exposed to a dangerous communicable disease athat they had been placed in a corral in Guarantine on t

premises of the accused and that he, in violation of t

Guarantine, had taken them from the corral and worked the

upon the lands adFoining. 'hey had not been in the highway n

moved from one municipality or settlement to another. 'hey we

left upon defendantJs hacienda, where they were Guarantine

and there worked by the servants of the accused.

'he 3olicitor>$eneral in his brief in this court admits that t

sections referred to are not applicable to the case at bar an

also admits that section B of said ct is not applicable. 'h

section provides (henever the *irector of griculture sh

order any animal placed in Guarantine in accordance with thprovisions of this ct, the owner of such animal, or his age

shall deliver it at the place designated for the Guarantine an

shall provide it with proper food, water, and attendance. 3hou

the owner or his agent fail to comply with this reGuirement t

*irector of griculture may furnish supplies and attendan

needed, and the reasonable cost of such supplies a

attendance shall be collectible from the owner or his agent.

(e are in accord with the opinion expressed by the 3olicito

$eneral with respect to this section, as we are with his opinio

as to sections ;,


8/20

inflicted are so phrased as to make the prohibited act unlawful,

and section @ provides the punishment for any act declared

unlawful by the law.

'he 3olicitor>$eneral suggests, but does not argue, that section

? is applicable to the case at bar. 3ection ? simply authori%es the

*irector of griculture to do certain things, among them,

paragraph c & to reGuire that animals which art suffering from

dangerous communicable diseases or have been exposed

thereto be placed in Guarantine at such place and for such time

as may be deemed by him necessary to prevent the spread of the disease. -owhere in the law, however, is the violation of the

orders of the Eureau of griculture prohibited or made unlawful,

nor is there provided any punishment for a violation of such

orders. 3ection @ provides that any person violating any of

the proisions of this +ct shall, upon conviction, be punished by

a fine of not more than one thousand pesos, or by imprisonment

for not more than six months, or by both such fine and

imprisonment, in the discretion of the court, for each offense. J

violation of the orders of the Eureau of griculture, as authori%ed

by paragraph c &, is not a violation of the provisions of the ct.

'he orders of the Eureau of griculture, while they may possibly

be said to have the force of law, are not statutes and particularly

not penal statutes, and a violation of such orders is not a penaloffense unless the statute itself somewhere makes a violation

thereof unlawful and penali%es it. -owhere in ct -o. !B?K is a

violation of the orders of the Eureau of griculture made a penal

offense, nor is such violation punished in any way therein.

4inally, it is contended by the $overnment that if the offense

stated in the information and proved upon the trial does not

constitute a violation of any of the provisions of ct -o. !B?K, it

does constitute a violation of article "@!, paragraph :, of the

Penal Code. 2t provides

fine of not less than fifteen and not more than seventy

pesetas and censure shall be imposed upon . . .

:. ny person who shall violate the regulations, ordinances, or

proclamations issued with reference to any epidemic disease

among animals, the extermination of locusts, or any other similar

plague.

2t is alleged in the information and was proved on the trial that

the Eureau of griculture had ordered a Guarantine of the

carabaos at the time and place mentionedI that the Guarantine

had been executed and completed and the animals actually

segregated and confinedI that the accused, in violation of such

Guarantine and of the orders of the Eureau of griculture, duly

promulgated, broke the Guarantine, removed the animals andused them in the ordinary work of his plantation. (e consider

these acts a plain violation of the article of the Penal Code above

Guoted. 'he fact that the information in its preamble charged a

violation of ct -o. !B?K does not prevent us from finding the

accused guilty of a violation of an article of the Penal Code. 'he

complaint opens as follows 'he undersigned accuses driano

Panlilio of a violation of ct -o. !B?K, committed as follows

'hen follows the body of the information already Guoted in this

opinion. (e would not permit an accused to be convicted under

one ct when he is charged with the violation of another, if the

change from one statute to another involved a change of the

theory of the trial or reGuired of the defendant a different defen

or surprised him in any other way. 'he allegations reGuired und

ct -o. !B?K include those reGuired under article "@!. '

accused could have defended himself in no different manner

he had been expressly charged with a violation of article "@!.

2n the case of 1nited 3tates s. Paua ? Phil. Rep., B


9/20

SYLLA#US

!. 423H2-$ 2- #-/ PR#H2E2'/* E6 R/$1L'2#- #4

'H/ 3/CR/'R6 #4 $R2C1L'1R/ -* C#99/RC/I

/C/33 #4 R/$1L'#R6 P#(/R3 C#-4/RR/* E6 C'

-#.


10/20

over which Furisdiction is exercised by naval and military

authorities of the 1nited 3tates, particularly Corregidor& only

upon receiving written permission therefor, which permission

may be granted by the 3ecretary of griculture and Commerce

upon recommendation of the military or naval authorities

concerned. (ithin parenthesis ours.&

ct -o. K?>K!K of the *epartment of /nergy *#/&.

'he facts are undisputed.

Eatas Pambansa Elg. ;;, as amended, penali%es illegal tradin

hoarding, overpricing, adulteration, underdelivery, a

underfilling of petroleum products, as well as possession f

trade of adulterated petroleum products and of underfill

liGuefied petroleum gas LP$& cylinders. 'he said law sets tmonetary penalty for violators to a minimum of P:K,KKK and

maximum of P"K,KKK.

#n Dune A, :KKK, Circular -o. :KKK>K?>K!K was issued by th*#/ to implement E.P. Elg. ;;, thus

SECTION . NO PRICE DISPLAY BOARD

LPG MarB't'rLPG D'a('rLPG R'ta( Out('t

!st #ffense > ReprimandMwarning letter

:nd #ffense > Recommend suspension of busine

operation to the proper local governme

unit

;rd #ffense > Recommend business closure to the prop local government unit and initiate crimin

proceedings

SECTION . NO WEIGHING SCALE

A. LPG R'(('rMarB't'r

!st #ffense > 4ine of P",KKK

:nd #ffense > 4ine of P!K,KKK

;rd #ffense > Recommend business closu

to the proper local government unit

#. D'a('r

!st #ffense > 4ine of P;,KKK

:nd #ffense > 4ine of PB,KKK

;rd #ffense > Recommend business closure to t

proper local government unit

C. LPG R'ta( Out('t

!st #ffense > Reprimand

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ce&path=%2Fjurisprudences%2Fsearch&q%5Bcitation_finder%5D=&q%5Bfull_text%5D=&q%5Bissue_no%5D=159149&q%5Bponente%5D=&q%5Bsyllabus%5D=&q%5Btitle%5D=&q%5Butf8%5D=%E2%9C%93&q%5Byear_end%5D=&q%5Byear_start%5D=#footnote4_0https://cdasiaonline.com/laws/1761


11/20

:nd #ffense > 4ine of P"KK.KK

;rd #ffense > 4ine of P!,KKK.KK

SECTION 4ine of P;,KKK for each cylinder

:nd #ffense > 4ine of P",KKK for each cylinder

;rd #ffense > Recommend business closure to the


#. D'a('r

!st #ffense > 4ine of P:,KKK for each cylinder

:nd #ffense > 4ine of P Recommend business closure to the proper local government unit

C. LPG R'ta( Out('t

!st #ffense > 4ine of P!,KKK for each cylinder

:nd #ffense > 4ine of P:,KKK for each cylinder



SECTION ;. NO APPROPRIATE OR AUTHORIZED LPG SEAL


!st #ffense > 4ine of P;,KKK for each cylinder




#. D'a('r

!st #ffense > 4ine of P:,KKK for each cylinder

:nd #ffense > 4ine of P Recommend business closure to the


C. LPG R'ta( Out('t





SECTION 9. NO TRADE NAME UNBRANDED LPCYLINDERS NO SERIAL NUMBER NO DISTINGUISHIN

COLOR NO EMBOSSED IDENTIFYING MARKINGS O

CYLINDER OR DISTINCTIVE COLLAR OR DESIG

(REQUIREMENT ON SERIAL NUMBER AND DISTINCTIV

COLLAR OR DESIGN SHALL TAKE EFFECT TWO (2) YEAR

AFTER EFFECTIVITY OF THIS CIRCULAR)


!st #ffense > 4ine of P 4ine of P",KKK for each cylinder



#. D'a('r


:nd #ffense > 4ine of P Recommend business closure to t


C. LPG R'ta( Out('t





SECTION . UNDERFILLED LPG CYLINDERS

A. LPG REFILLERMARETER

!st #ffense > 4ine of P 4ine of P?,KKK for each cylinder



#. DEALER


:nd #ffense > 4ine of P Recommend business closure to t proper local government unit

C. LPG RETAIL OUTLET






12/20

SECTION 7?. TAMPERING ALTERING OR MODIFYING OF LPG CYLINDER THRU ANY MEANS SUCH AS BUT NOT

LIMITED TO CHANGING THE VALVE REPAINTING AND

RELABELLING BY ANY PERSON OR ENTITY OTHER THAN

THE LEGITIMATE AND REGISTERED OWNER OF THE

SAME. FOR THIS PURPOSE LPG REFILLER MARKETER

DEALER OR RETAIL OUTLET AS THE CASE MAY BE WHO

HAS POSSESSION OF SUCH ILLEGALLY TAMPERED

ALTERED OR OTHERWISE MODIFIED LPG CYLINDER

SHALL BE HELD LIABLE FOR THIS OFFENSE


!st #ffense > 4ine of P",KKK for each cylinder

:nd #ffense > 4ine of P!K,KKK for each cylinder



#. D'a('r





C. LPG R'ta( Out('t

!st #ffense > 4ine of P!,"KK for each cylinder

:nd #ffense > 4ine of P;,KKK for each cylinder



SECTION 77. UNAUTHORIZED DECANTING OR REFILLING OF LPG CYLINDERS

!st #ffense > 4ine of P",KKK for each cylinder

:nd #ffense > 4ine of P!K,KKK for each cylinder



SECTION 7>. HOARDING OF PETROLEUM PRODUCTS INCLUDING LIQUEFIED PETROLEUM GAS

!st #ffense > 4ine of P!K,KKK per cylinder

:nd #ffense > Recommend business closure to the

proper local government unit plus

the filing of appropriate criminal

action

SECTION 7. REFUSAL TO ALLOW OR COOPERATE WITH DULY AUTHORIZED INSPECTORS OF THE ENERGY

INDUSTRY ADMINISTRATION BUREAU (EIAB) OF THE

DEPARTMENT OF ENERGY IN THE CONDUCT OF THEIR

INSPECTION!INVESTIGATION WHETHER REGULAR AN

ROUTINARY OR COMPLAINT"INITIATED

!st #ffense > 4ine of P!K,KKK

:nd #ffense > Recommend business closure to the prop

local government unit

SECTION 7. REFUSAL OR FAILURE TO PAY FINE >Departent of Energy shall recoend to the proper loc

goernent unit the closure of business of a respondent wh

refuses or fails to pay any adinistratie fine without pre#udice

the filing of an appropriate criinal action if warranted .

Respondent LP$ Refillers ssociation of the Philippines, 2n

asked the *#/ to set aside the Circular for being contrary to la

'he *#/, however, denied the reGuest for lack of merit. HC/

Respondent then filed a petition for prohibition and annulme

with prayer for temporary restraining order andMor writ

preliminary inFunction before the trial court.

fter trial on the merits, the trial court nullified the Circular on t

ground that it introduced new offenses not included in t

law.


13/20

(H/'H/R #R -#' 'H/ C#1R' A QUO $R5/L6 /RR/* 2-

H#L*2-$ 'H' 3/C'2#- !? #4 P/'2'2#-/RJ3 C2RC1LR

(H2CH 1'H#R2/3 'H/ 29P#32'2#- #4 P/C1-2R6

P/-L'2/3 (2'H 'H/ '#'L 42-/ -#' /C//*2-$

P:K,KKK.KK 4#R R/'2L #1'L/'3 52#L'/3 'H/ P/-L'6

C/2L2-$ #4 P!K,KKK.KK 3/' 1-*/R EP EL$. ;;, 3

9/-*/*.

IV

(H/'H/R #R -#' 'H/ C#1R' A QUO $R5/L6 /RR/* 2-H#L*2-$ 'H' 32-C/ 3/C'2#- "g& #4 R.. B?;@ 42-*3

-# R/4/R/-C/ 2- *#/ C2RC1LR -#. :KKK>K?>K!K, 'H/

39/ 3H#1L* E/ *23R/$R*/*.

V

(H/'H/R #R -#' 'H/ C#1R' A QUO $R5/L6 /RR/* 2-

H#L*2-$ 'H' #- 'H/ -/( #44/-3/3 2-'R#*1C/* 2-

'H/ C2RC1LR 31CH 3 3/C'2#-3 7? of E.P. Elg. ;; and 3ection :; 77 of Republic ct -o.@ Petitioner adds that 3ections "g& 7 and:! 7 of Republic ct -o. B?;@ 7 also authori%e the *#/ toimpose the penalties provided in the Circular.

Respondent counters that the enabling laws, E.P. Elg.

;; and R.. -o. @


14/20

(H/R/4#R/, the petition is $R-'/*. 'he assailed Circular

-o. :KKK>K?>K!K of *#/ is declared valid. 'he *ecision and

#rder of the Regional 'rial Court of Pasig City, Eranch !?!, in

3C Case -o. :;!@, nullifying said Circular and prohibiting its

implementation are hereby R/5/R3/* and 3/' 32*/.

-o pronouncement as to costs.

3# #R*/R/*.

arpio, arpio 'orales, >inga and Belasco, Jr/, JJ/, concur.

QQQ *Pere! / 1PG Refillers +ssocation of the Phil/, $nc/, G/R/ 0o/

4=84


15/20

tambien los Reglaentos, Reales decretos,

2nstrucciones, irculares y Reales ordenes dictadas de

conformidad con las mismas por el $obierno en uso de su

potestad. 'ambien el poder eFecutivo lo ha venido entendiendo

asi, como lo prueba el hecho de Gue muchas de sus

disposiciones contienen la advertencia de Gue empie%an a regir

el mismo dia de su publicacion en la $aceta, advertencia Gue

seria perfectamente inutil si no fuera de aplicacion al caso el

articulo !.U del Codigo Civil.'anresa, odigo iil EspaAol,

Bol/ $, p/ =3 &.

2n the present case, although Circular -o. :K of the Central Eank

was issued in the year !A

publication of the Circular is being raised for the first time onappeal in this Court, which cannot be done by appellant.

#rdinarily, one may raise on appeal any Guestion of law or fact

that has been raised in the court below and which is within the

issues made by the parties, in their pleadings. 3ection !A, Rule

publication is

fundamental and decisive. 2f as a matter of fact Circular -o. :K

had not been published as reGuired by law before its violation,

then in the eyes of the law there was no such circular to be

violated and conseGuently appellant committed no violation of

the circular or committed any offense, and the trial court may be

said to have had no Furisdiction. 'his Guestion may be raised at

any stage of the proceeding whether or not raised in the court

below.

2n view of the foregoing, we reverse the decision appealed from

and acGuit the appellant, with costs de oficio/

Paras / J/, )eng!on, Padilla, Reyes, )autista +ngelo,

1abrador, oncepcion and Dio(no, JJ/, concur.

QQQ *People / ue Po 1ay, G/R/ 0o/ 5984, 6'arch 38, 48=


16/20

?


17/20

C#-3'2'1'2#-L R2$H'3 #R */3'R#6 5/3'/* R2$H'3.

'here cannot be any Guestion but that even if a decree

provides for a date of effectivity, it has to be published. (hen a

date effectivity is mentioned in the decree but the decree

becomes effective only fifteen !"& days after its publication in

the #fficial $a%ette, it will not mean that the decree can have

retroactive effect to the date of effectivity mentioned in the

decree itself. 'here should be no retroactivity if the retroactivity

will run counter to constitutional rights or shall destroy vested

rights.

PL-, D., separate opinion

!. C#-3'2'1'2#-L L(I 3''1'/3I P1EL2C'2#- 2- 'H/

#442C2L $/''/ -#' /33/-'2L 4#R /44/C'252'6

4#R /44/C'252'6 #4 L(3. 'he Philippine Constitution

does not reGuire the publication of laws as a prereGuisite for their

effectivity, unlike some Constitutions elsewhere. 2t may be said

though that the guarantee of due process reGuires notice of laws

to affected parties before they can be bound therebyI but such

notice is not necessarily by publication in the #fficial $a%ette.

'he due process clause is not that precise. -either is thepublication in the Official Ga!ette reGuired by any statute as a

prere&uisite for their effectiity , if said laws already provide for

their effectivity date.

:. 2*.I 2*.I P1EL2C'2#- 96 E/ 9*/ /L3/(H/R/ 'H-

2- 'H/ #442C2L $/''/. rticle : of the Civil

Code provides that laws shall take effect after fifteen days

following the completion of their publication in the #fficial

$a%ette, unless it is otherwise proided . 'wo things may be said

of this provision 4irstly, it obviously does not apply to a law with

a built>in provision as to when it will take effect. 3econdly, it

clearly recogni%es that each law may provide not only a different

period for reckoning its effectivity date but also a different modeof notice. 'hus, a law may prescribe that it shall be published

elsewhere than in the #fficial $a%ette.

;. 2*.I 2*.I C#99#-(/L'H C' ?;@ C--#' -1LL246 #R

R/3'R2C' #P/R'2#- #4 3''1'/ (2'H PR#5232#-

3 '# 2'3 /44/C'252'6. -ot all legislative acts are reGuired

to be published in the #fficial $a%ette but only important ones

of a public nature. 9oreover, Commonwealth ct -o. ?;@ does

not provide that publication in the #fficial $a%ette is essential for

the effectivity of laws. 'his is as it should be, for all statutes are

eGual and stand on the same footing. law, especially an earlier

one of general application such as Commonwealth ct -o. ?;@,

cannot nullify or restrict the operation of a subseGuent statutethat has a provision of its own as to when and how it will take

effect. #nly a higher law, which is the Constitution, can assume

the role.

D E C I S I O N

ESCOLIN, J p

2nvoking the peopleJs right to be informed on matters of public

concern, a right recogni%ed in 3ection ?, rticle 25 of the !AB;

Philippine Constitution, 7 as well as the principle that laws to be

valid and enforceable must be published in the #fficial $a%e

or otherwise effectively promulgated, petitioners seek a writ

mandamus to compel respondent public officials to publish, a

or cause the publication in the #fficial $a%ette of vario

presidential decrees, letters of instructions, general orde

proclamations, executive orders, letter of implementation a

administrative orders.

3pecifically, the publication of the following president

issuances is sought

a Presidential *ecrees -os. !:, ::, ;B, ;@, "A, ?!K?!, !K@", !!


18/20

the alleged non>publication of the presidential issuances in

Guestion > said petitioners are without the reGuisite legalpersonality to institute this mandamus proceeding, they are not

being aggrieved parties within the meaning of 3ection ;, Rule

?" of the Rules of Court, which we Guote Cdpr

3/C. ;. Petition for 'andaus/ (hen any tribunal,

corporation, board or person unlawfully neglects the

performance of an act which the law specifically enFoins as a

duty resulting from an office, trust, or station, or unlawfully

excludes another from the use and enFoyment of a right or officeto which such other is entitled, and there is no other plain,

speedy and adeGuate remedy in the ordinary course of law, the

person aggrieved thereby may file a verified petition in the

proper court alleging the facts with certainty and praying that

Fudgment be rendered commanding the defendant, immediately

or at some other specified time, to do the act reGuired to be done

to protect the rights of the petitioner, and to pay the damages

sustained by the petitioner by reason of the wrongful acts of the

defendant.

1pon the other hand, petitioners maintain that since the subFect

of the petition concerns a public right and its obFect is to compel

the performance of a public duty, they need not show anyspecific interest for their petition to be given due course.

'he issue posed is not one of first impression. s early as the

!A!K case of 3everino vs. $overnor $eneral, this Court heldthat while the general rule is that a writ of mandamus would be

granted to a private individual only in those cases where he has

some private or particular interest to be subserved, or some

particular right to be protected, independent of that which he

holds with the public at large, and it is for the public officers

exclusively to apply for the writ when public rights are to be

subserved =9ithchell vs. Eoardmen, BA 9.e.,


19/20

documents as the President of the Philippines shall determine

from time to time to have general applicability and legal effect, or

which he may authori%e so to be published. . . .

'he clear obFect of the above Guoted provision is to give the

general public adeGuate notice of the various laws which are to

regulate their actions and conduct as citi%ens. (ithout such

notice and publication, there would be no basis for the

application of the maxim ignorantia legis non excusat. 2t would

be the height of inFustice to punish or otherwise burden a citi%en

for the transgression of a law of which he had no noticewhatsoever, not even a constructive one. cdphil

Perhaps at no time since the establishment of the Philippine

Republic has the publication of laws taken so vital significance

that at this time when the people have bestowed upon the

President a power heretofore enFoyed solely by the legislature.

(hile the people are kept abreast by the mass media of the

debates and deliberations in the Eatasan Pambansa and for

the diligent ones, ready access to the legislative records no

such publicity accompanies the law>making process of the

President. 'hus, without publication, the people have no means

of knowing what presidential decrees have actually been

promulgated, much less a definite way of informing themselvesof the specific contents and texts of such decrees. s the

3upreme Court of 3pain ruled EaFo la denominacion genrica de

leyes, se comprenden tambin los reglamentos, Reales decretos,

2nstrucciones, Circulares y Reales ordines dictadas de

conformidad con las mismas por el $obierno en uso de su

potestad.

'he very first clause of 3ection ! of Commonwealth ct

?;@ reads 'here shall be published in the #fficial $a%ette . . .

'he word shall used therein imposes upon respondent officials

an imperative duty. 'hat duty must be enforced if the

Constitutional right of the people to be informed on matters of

public concern is to be given substance and reality. 'he law itself makes a list of what should be published in the official $a%ette.

3uch listing, to our mind, leaves respondents with no discretion

whatsoever as to what must be included or excluded from such

publication.

'he publication of all presidential issuances of a public nature

or of general applicability is mandated by law. #bviously,

presidential decrees that provide for fines, forfeitures or penalties

for their violation or otherwise impose a burden on the people,

such as tax and revenue measures, fall within this category.

#ther presidential issuances which apply only to particular

persons or class of persons such as administrative and

executive orders need not be published on the assumption thatthey have been circulari%ed to all concerned. <

2t is needless to add that the publication of presidential

issuances of a public nature or of general applicability is a

reGuirement of due process. 2t 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. s Dustice Claudio

'eehankee said in Peralta vs. C#9/L/C ;

2n a time of proliferating decrees, orders and letters of

instructions which all form part of the law of the land, the

reGuirement of due process and the Rule of Law demand th

the #fficial $a%ette as the official government reposito

promulgate and publish the texts of all such decrees, orders a

instructions so that the people may know where to obtain the

official and specific contents.

'he Court therefore declares that presidential issuances

general application, which have not been published, shall ha

no force and effect. 3ome members of the Court, Gu

apprehensive about the possible unsettling effect this decisio

might have on acts done in reliance of the validity of thopresidential decrees which were published only during t

pendency of this petition, have put the Guestion as to wheth

the CourtJs declaration of invalidity apply to P.*.s which ha

been enforced or implemented prior to their publication. '

answer is all too familiar. 2n similar situations in the past th

Court had taken the pragmatic and realistic course set forth

Chicot County *rainage *istrict vs. Eaxter Eank 9 to wit LLFur

'he courts below have proceeded on the theory that the ct

Congress, having been found to be unconstitutional, was not

lawI that it was inoperative, conferring no rights and imposing

duties, and hence affording no basis for the challenged decre

-orton v. 3helby County, !!@ 1.3. inclusive stateme

of a principle of absolute retroactive invalidity cannot

Fustified.

Consistently with the above principle, this Court in Rutter v

/steban sustained the right of a party under the 9oratoriuLaw, albeit said right had accrued in his favor before said la

was declared unconstitutional by this Court.

3imilarly, the implementationMenforcement of president

decrees prior to their publication in the #fficial $a%ette is aoperative fact which may have conseGuences which cannot

Fustly ignored. 'he past cannot always be erased by a ne

Fudicial declaration . . . that an all>inclusive statement of

principle of absolute retroactive invalidity cannot be Fustified.

4rom the report submitted to the Court by the Clerk of Court

appears that of the presidential decrees sought by petitioners

be published in the #fficial $a%ette, only Presidential *ecre

-os. !K!A to !K;K, inclusive, !:B@, and !A;B to !A;A, inclusiv

have not been so published. 7? -either the subFect matters nthe texts of these P*s can be ascertained since no copi

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20/20

thereof are available. Eut whatever their subFect matter may be,

it is undisputed that none of these unpublished P*s has ever

been implemented or enforced by the government. 2n Pesigan

vs. ngeles, 77 the Court, through Dustice Ramon Guino, ruledthat publication is necessary to apprise the public of the

contents of =penal regulations and make the said penalties

binding on the persons affected thereby. 'he cogency of this

holding is apparently recogni%ed by respondent officials

considering the manifestation in their comment that the

government, as a matter of policy, refrains from prosecuting

violations of criminal laws until the same shall have beenpublished in the #fficial $a%ette or in some other publication,

even though some criminal laws provide that they shall take

effect immediately.

(H/R/4#R/, the Court hereby orders respondents to publish

in the #fficial $a%ette all unpublished presidential issuances

which are of general application, and unless so published, they

shall have no binding force and effect.

3# #R*/R/*.

Relova, D., concur/

Guino, D., too( no part/

Concepcion, Dr., D., is on leae/

$utierre%, Dr., D., $ concur insofar as publication is necessary b

resere y ote as to the necessity of such publication being

the Official Ga!ette/

*e la 4uente, D., $nsofar as the opinion declares the unpublish

decrees and issuances of a public nature or general applicabil

ineffectie, until due publication thereof/

QQQ *>aAada / >uera, G/R/ 0o/ 5284=, 6+pril 3

Admin Penal Rules and Regulations

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