My Response to “Official Gazette of the Republic of the Philippines” Now Online

With the rise of modern technology, there comes the question about the mandate of official publication. Such law requires publication in the official gazette, however, since internet is apparent and internet transaction has been proven to be faster and more effective as compared to manual dissemination of information, can we allow internet postings to stand in lieu of official gazette?

In order for a law to be valid it has to be published. By virtue of the President Corazon Aquino extant law-making powers, amended Article 2 of the Civil Code (through E.O. No. 200) providing for the publication of laws either in the official gazette or in a newspaper of general circulation in the Philippines  as a requirement for their effectivity. It was then, the general assumption that laws take effect within 15 days from the time they are published in the newspaper, rather than in the Official Gazette.The 15 day period might be counted from the time the laws or issuances are posted online at www.gov.ph.

The requirement that for laws to be effective only a publication thereof in the Official Gazette will suffice. It was an issue  recognized by the Supreme Court in the case of Tañada, et al. vs. Tuvera, et al. (G.R. No. 63915, December 29, 1986) when it observed that “[t]here is much to be 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 “[u]ndoubtedly, newspapers of general circulation could 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”.


General Rule: Laws must be published in either the Official Gazette or a newspaper of general circulation. Exception: The law may provide for another manner of publication. Different manner meaning: Not in Official Gazette or newspaper of general circulation; or Example: Read over the television or the radio (provided that the alternative is reasonable) or Change in the period of effectivity. Publication means making it known; dissemination. It doesn’t have to be in writing. Requirement of publication applies to all laws and is mandatory.
If the law allows publication in the official gazette to be sufficient, then the on-line publication should be enough. This can be justified in at least three (3) ways. First, the word “publication” in the law means to “make available to the public” and that is exactly what the on-line official gazette does. Second, Sec. 27 of the E-Commerce Act mandates that the government transact business electronically. The online OG fulfils that role. In other words, between EO200, CA638 and the Ecommerce Act, the legislative mandate already exists to authorize the publication of laws through the Internet.


Universal dissemination of the law is the main purpose behind the publication of laws so that the doctrine of “dura lex sed lex” may be validly subscribed to in this jurisdiction. It is well settled in the above cited case of Tañada vs Tuvera that such publication is paramount requirement for the effectivity of laws that must not be set aside. However, upon the spur of technology and the out burst of modernity unforeseen couple of decades ago will warrant the need to for the law to adapt to the ever changing phase of human life. Recently, there has been a moved to publish laws in the internet in lieu to its publication in the official gazette and/or a newspaper of general circulation. No one will contend that dynamism is a key factor for development and progress if not of survival itself, therefore, If an executive order by the President or an act of congress will   mandate that said internet publication of laws will suffice for the publication requirement for the effectivity of laws of course it has a presumption of constitutionality and looking at its face value it is a valid law. However, we need to qualify this so called “internet publication” if it is congruent with the intention of the subsequent statute specifically Article 2 of the Civil Code or runs counter to the wisdom behind the publication requirement as reiterated in the landmark case of  Tañada vs Tuvera.


The Official Gazette going on-line is an innovation that will bridge the gap of the current generation and the previous in the view point of accessibility, availability and convenience. This moved will only contravene with the intent and purpose of the law if it will supersede the publication requirement in paper form (publication in the official gazette and newspaper of general circulation) because of the simple reason that it will impede the dissemination element of the publication requirement. Although, the internet has single handedly revolutionize the way we live today it is a very inconvenient reality that most part of this country do not have readily available access to modern amenities. It is a depressing truth that remote places in the country  are still, in spite of the fast forward development experience in metropolitan areas, in medieval  phase of life deprived of the most basic necessities of electricity, clean water source, and alike. If the moved to inter-activate the official gazette would in turn disregard the paper form publication, the big question will be; how will these people far from the more civilized community be properly informed of their rights and the laws being legislated in the furtherance of the general welfare? After all, is it not that sovereignty resides in the people? Therefore, it is a matter of right that said sovereign people be informed with the laws being crafted in their behalf and for their sake. The clear object of Art. 2 of the Civil Code 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 ignoratia legis nominem excusat.  Thus, the word “publication” in the law means to “make available to the public” and that is exactly what the on-line Official Gazette offers 

If going on-line would be an addition to as another form of publication of our laws, then it is to be supported and encourage but if not then it should be stop and prevented at all caused. This is how I see it – My Response to the Official Gazette going on-line.