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PEOPLE VS. QUE PO LAY

PEOPLE VS. QUE PO LAY, digested Posted by Pius Morados on November 9, 2011 94 SCRA 641, March 29, 1954 (Constitutional Law – Publication of Bank Circulars and Regulations) FACTS: Appellant who was in possession of foreign exchange consisting of U.S. dollars, U.S. checks and U.S. money orders failed to sell the same to the Central Bank through its agents within one day following the receipt of such foreign exchange as required by Central Bank Circular No. 20. Appellant appeals on the claim that the said circular had no force or effect because the same was not published in the official Gazette prior to the act or omission imputed to said appellant. The Solicitor General counters that Commonwealth Act. No. 638 and 2930 do not require the publication in the Official Gazette of said circular issued for the implementation of a law in order to have force and effect. ISSUE: Whether or not circulars and regulations should be published in order to have force and effect. HELD:

TAÑADA VS. TUVERA

Tañada vs. Tuvera 136 SCRA 27 (April 24, 1985) 146 SCRA 446 (December 29, 1986) TAÑADA VS. TUVERA 136 SCRA 27 (April 24, 1985) FACTS: Invoking the right of the people to be informed on matters of public concern as well as the principle that laws to be valid and enforceable must be published in the Official Gazette, petitioners filed for writ of mandamus to compel respondent public officials to publish and/or cause to publish various presidential decrees, letters of instructions, general orders, proclamations, executive orders, letters of implementations and administrative orders. The Solicitor General, representing the respondents, moved for the dismissal of the case, contending that petitioners have no legal personality to bring the instant petition. ISSUE: Whether or not publication in the Official Gazette is required before any law or statute becomes valid and enforceable. HELD: Art. 2 of the Civil Code does not preclude the requirement of publication in the Official Gazette, even i