An Online Official Gazette

Article 2 of the Civil Code states that "Laws shall take effect after fifteen days following the completion of their publication either in the Official Gazette, or in a newspaper of general circulation in the Philippines, unless it is otherwise provided."

As any law student will know, this article has been interpreted by the Supreme Court to mean that all laws, regardless of their stated effectivity date, need to be published first before they take effect. Absent publication, there is no law to speak of. So even if the law states that it is "effective immediately upon approval", it is in truth not effective until after fifteen (15) days from publication.

I have nothing against the requirement of publication. This, after all, is the requirement of due process. It is but logical to contend that the law should first be known before one can be expected to follow it.

My criticism is with respect to the media or medium that the law requires to be used in publication. I think it is about time for the legislature to amend Article 2 of the Civil Code to require laws (and all those enumerated in the Tanada vs. Tuvera case) to be published or posted online.

After all, if the purpose of the publication requirement is to inform the public about the new law, then wouldn't this be better served if we just require them to be posted in one (1) government website, where anyone can access it for free? An online official gazette, if you will.

I have seen many laws published in newspapers one can hardly consider as being "widely read". Local Ordinances, for example, are rarely found published in leading newspapers. And not everyone has access to copies of the Official Gazette (I bet most Filipinos haven't even heard of the Official Gazette).

It is only by providing a way for the public to really know about new laws, rules and regulations, can courts truly invoke and apply the maxim ignorantia legis neminem excusat.

It is unfair for everyone to be presumed to know the law when copies of the law themselves are not  made readily or easily available. Government should use the internet to their advantage and create a website that contains all laws in force in the Philippines.

Aaron Jarveen Ho

3rd Entry

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