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Nagkakaisang Maralita NG Sitio Masigasig Inc. vs. Military Shrine Services (GR No. 187587, June 5, 2013) Case Digest

This case discusses whether a handwritten addendum by President Marcos has the force of law to reclassify property in Western Bicutan from alienable to disposable land. The Court of Appeals ruled that it did not as the addendum was not included in the official publication of Proclamation No. 2476. The Supreme Court affirms, finding that an unpublished provision does not have legal effect. For a law to take effect, publication is required under the Civil Code unless otherwise stated. As the addendum was not published, it did not amend the classification of the subject lots.

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351 views2 pages

Nagkakaisang Maralita NG Sitio Masigasig Inc. vs. Military Shrine Services (GR No. 187587, June 5, 2013) Case Digest

This case discusses whether a handwritten addendum by President Marcos has the force of law to reclassify property in Western Bicutan from alienable to disposable land. The Court of Appeals ruled that it did not as the addendum was not included in the official publication of Proclamation No. 2476. The Supreme Court affirms, finding that an unpublished provision does not have legal effect. For a law to take effect, publication is required under the Civil Code unless otherwise stated. As the addendum was not published, it did not amend the classification of the subject lots.

Uploaded by

Camelle Escaro
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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NAGKAKAISANG MARALITA NG SITIO MASIGASIG v.

MILITARY SHRINE SERVICES – PHILIPPINE VETERANS


AFFAIRS OFFICE, GR No. 187587, 2013-06-05

Facts:

Issues:

whether the Court of Appeals erred in ruling that the subject lots were not alienable and disposable by
virtue of Proclamation No. 2476 on the ground that the handwritten addendum of President Marcos
was not included in the... publication of the said law.

Ruling:

Applying the foregoing ruling to the instant case, this Court cannot rely on a handwritten note that was
not part of Proclamation No. 2476 as published. Without publication, the note never had any legal force
and effect.

whether or not President Marcos intended to include

Western Bicutan is not only irrelevant but speculative. Simply put, the courts may not speculate as to
the probable intent of the legislature apart from the words appearing in the law.[17] This Court cannot
rule that a word appears in the law when,... evidently, there is none.

Principles:

The resolution of whether the subject lots were declared as reclassified and disposable lies in the
determination of whether the handwritten addendum of President Marcos has the force and effect of
law. In relation thereto, Article 2 of the Civil Code expressly provides:

ART. 2. Laws shall take effect after fifteen days following the completion of their publication in the
Official Gazette, unless it is otherwise provided. This Code shall take effect one year after such
publication.

Under the above provision, the requirement of publication is indispensable to give effect to the law,
unless the law itself has otherwise provided. The phrase "unless otherwise provided" refers to a
different effectivity date other than after fifteen days following the... completion of the law's publication
in the Official Gazette, but does not imply that the requirement of publication may be dispensed with.
The issue of the requirement of publication was already settled in the landmark case Tañada v. Hon.
Tuvera,[16]... in which we had the occasion to rule thus:

Publication is indispensable in every case, but the legislature may in its discretion provide that the usual
fifteen-day period shall be shortened or extended. An example, as pointed out by the present Chief
Justice in his separate concurrence in the original... decision, is the Civil Code which did not become
effective after fifteen days from its publication in the Official Gazette but "one year after such
publication." The general rule did not apply because it was "otherwise provided."... he subject of such
law is a matter of public interest which... any member of the body politic may question in the political
forums or, if he is a proper party, even in the courts of justice. In fact, a law without any bearing on the
public would be invalid as an intrusion of privacy or as class legislation or as an ultra vires act of... the
legislature. To be valid, the law must invariably affect the public interest even if it might be directly
applicable only to one individual, or some of the people only, and not to the public as a whole.
We hold therefore that all statutes, including those of local application and private laws, shall be
published as a condition for their effectivity, which shall begin fifteen days after publication unless a
different effectivity date is fixed by the legislature.

Covered by this rule are presidential decrees and executive orders promulgated by the President in the
exercise of legislative powers whenever the same are validly delegated by the legislature or, at present,
directly conferred by the Constitution.

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