OVERVIEW
Subject Law 100 – PFR
Topic Effectivity of Laws
Case Name Nagkakaisang Maralita v. Military Shrine Services
Docket No. G.R. No. 187587 - June 5, 2013
Ponente SERENO, CJ
Provision Article 2 of the Civil Code. 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.
Section 24, Chapter 6, Book I of the Administrative Code, "the publication of any
law, resolution or other official documents in the Official Gazette shall be prima facie
evidence of its authority."
Summary The consolidated Petitions for Review challenged the 29 April 2009 Court of Appeals
decision, which reversed COSLAP's resolutions declaring certain lands in Western
Bicutan as alienable and disposable. The petitions argue that Proclamation No.
2476, amended by a handwritten addendum, intended to include Western Bicutan in
its reclassification. However, the Court ruled that the handwritten note, not published
in the Official Gazette, had no legal effect. It affirmed the Court of Appeals’ decision,
denying the petitions for lack of merit and lifting the status quo order.
Doctrine 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.
RELEVANT FACTS
● On 12 July 1957, President Carlos P. Garcia issued Proclamation No. 423, reserving lands in
Pasig, Taguig, Parañaque, Rizal, and Pasay for military use (Fort Bonifacio).
● On 28 May 1967, President Ferdinand E. Marcos issued Proclamation No. 208, excluding an
area of Fort Bonifacio for a national shrine, now known as Libingan ng mga Bayani.
● On 7 January 1986, President Marcos issued Proclamation No. 2476, excluding several
barangays (Lower Bicutan, Upper Bicutan, Signal Village, and Western Bicutan) from
Proclamation No. 423 and opening them for disposition.
● On 3 February 1986, Proclamation No. 2476 was published without Marcos’ handwritten
addendum that included Western Bicutan in the exclusion.
● On 16 October 1987, President Corazon Aquino issued Proclamation No. 172, reiterating
Proclamation No. 2476 but excluding Western Bicutan Lots 1 and 2.
● Informal settlers occupied parts of Fort Bonifacio, including the Libingan ng mga Bayani. Brigadier
General Fredelito Bautista created Task Force Bantay (TFB) to prevent further occupation and
demolish illegal structures.
● On 27 August 1999, Nagkakaisang Maralita ng Sitio Masigasig, Inc. (NMSMI) filed a petition with
the Commission on Settlement of Land Problems (COSLAP) to reclassify and subdivide the land
they occupied in Western Bicutan.
● On 1 September 2000, Western Bicutan Lot Owners Association, Inc. (WBLOAI) filed a petition
seeking the same reliefs as NMSMI for Lot 7 of SWO-00-001302 in Western Bicutan.
● On 1 September 2006, COSLAP granted the petition, declaring the land alienable and
disposable.
● On 24 January 2007, COSLAP denied the motion for reconsideration filed by the Military Shrine
Services – Philippine Veterans Affairs Office (MSS-PVAO).
● COSLAP ruled that President Marcos' handwritten addendum was integral to Proclamation No.
2476 and could not be overridden by Proclamation No. 172, as Marcos' proclamation was done
while the former President was exercising legislative powers.
PROCEDURAL POSTURE
The Court of Appeals First Division granted MSS-PVAO’s Petition, reversing the COSLAP Resolutions
dated September 1, 2006 and January 24, 2007, and dismissing the petitions for lack of merit. NMSMI
and WBLOAI appealed this decision by filing Petitions for Review with the Supreme Court.
ISSUE and RATIO DECIDENDI
W/N 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.
NO.
The Court of Appeals did not err in ruling that the subject lots were not alienable and disposable by
Proclamation No. 2476. The handwritten addendum by President Marcos was not included in the
official publication of Proclamation No. 2476 in the Official Gazette.
Article 2 of the Civil Code requires laws to take effect fifteen days after their publication in the Official
Gazette, ensuring public notice. Since the addendum was not published, it lacked legal force. The
Court emphasized that laws must be fully published to be binding and that speculation about the
President's intent is not permissible. Therefore, the subject lots could not be considered alienable and
disposable based on the unpublished addendum.
DISPOSITION
WHEREFORE, in view of the foregoing, the instant petitions are hereby DENIED for lack of merit. The
assailed Decision of the Court of Appeals in CA-G.R. CV No. 97925 dated 29 April 2009 is AFFIRMED in
toto. Accordingly, this Court's status quo order dated 17 June 2009 is hereby LIFTED. Likewise, all
pending motions to cite respondent in contempt is DENIED, having been rendered moot. No costs.
SO ORDERED.
