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ADMINISTRATIVE LAW
PENAL RULES AND REGULATIONS
Refer to those carrying penal or criminal sanctions for
violation of rules and regulations Lawmaking body cannot delegate to an administrative
agency the power to declare what acts should constitute
criminal offense and how shall it be punished Prescribing of penalties is exclusively a legislative function
and may not be delegated to administrative authorities.However, Congress may validly provide in the law itself for
the imposition of the penalty for violation of rules and
regulations which it has empowered administrative
authorities to enact. Publication !" days following completion in the #fficial
$a%ette& is necessary because such rules contain penal
provisions, thus, the people must be officially informed.
GENERAL RULE: 'he power to punish and define crimescannot be delegated essentially within the legislature.
Legislative act cannot be delegated. (hy) *elegation of
discretion + power to f ill in details -#' LL#(/*
EXCEPTIONS:
R/01232'/3 4#R 5L2*2'6
REQUISITES FOR VALIDITY!. Law authori%ing the
issuance of rules and
regulations must itself declare
as punishable the violation of
7any rules and regulations
issued thereunder.8
9arcos v. C
:. Law should define or fix the
penalty for the violation of therules and regulations.
9arcos v. C
;. Rules and regulations must
be published in the #fficial
$a%ette.
People v. 0ue Po Lay
'anada v. 'uvera
4ormat
!. Law
:. dministrative Rules and Regulations
;. 5iolation
;:!??. #ctober !@, !ABB.
THE PEOPLE OF THE PHILIPPINES, plaintiappellant , vs. HON. MAXIMO A. MACEREN, CFI, Sta. CruLau!a, "OSE #UENAVENTURA, GODOFREDO REYE#EN"AMIN REYES, NA$ARIO AQUINO a!% CARLITO DEROSARIO, accused-appellees.
Office of the Solicitor General for appellant.
Rustico F . de los Reyes, Jr . for appellees.
D E C I S I O N
AQUINO, J p
'his is a case involving the validity of a !A?B regulatio
penali%ing electro fishing in fresh water fisheries, promulgated
the 3ecretary of griculture and -atural Resources and t
Commissioner of 4isheries under the old 4isheries Law and th
law creating the 4isheries Commission. cdtai
#n 9arch B, !A?A Dose Euenaventura, $odofredo Reye
EenFamin Reyes, -a%ario Guino and Carlito del Rosario we
charged by a Constabulary investigator in the municipal court
3ta. Cru%, Laguna with having violated 4isheries dministrati
#rder -o. @!.
2t was alleged in the complaint that the five accused in th
morning of 9arch !, !A?A resorted to electro fishing in t
waters of Earrio 3an Pablo -orte, 3ta. Cru% by using their ow
motor banca, eGuipped with motorI with a generator color
green with attached dynamo colored gray or somewhat whi
and electrocuting device locally known as JsensoJ with
somewhat webbed copper wire on the tip or other end of
bamboo pole with electric wire attachment which was attached
the dynamo direct and with the use of these devices
eGuipments catches fish thru electric current, which destroy a
aGuatic animals within its currect reach, to the detriment an
preFudice of the populace Criminal Case -o. ";?
'he case is now before this Court on appeal by the prosecutio
under Republic ct -o. "
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3ection B? of the same law punishes any person who uses an
obnoxious or poisonous substance in fishing with a fine of not
less than five hundred pesos nor more than five
thousand, and by imprisonment for not less than six months nor
more than five years.
2t is noteworthy that the 4isheries Law does not expressly punish
electro fishing. -otwithstanding the silence of the law, the
3ecretary of griculture and -atural Resources, upon the
recommendation of the Commissioner of 4isheries, promulgated
4isheries dministrative #rder -o. @< ?: #.$. !::
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2n this appeal, the prosecution argues that dministrative #rders
-os. @< and @! were not issued under section !! of the
4isheries Law which, as indicated above, punishes fishing by
means of an obnoxious or poisonous substance. 'his contention
is not well>taken because, as already stated, the penal provision
of dministrative #rder -o. @
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exceeded his authority in penali%ing electro fishing by means of
an administrative order.
dministrative agencies are clothed with rule>making powers
because the lawmaking body finds it impracticable, if not
impossible, to anticipate and provide for the multifarious and
complex situations that may be encountered in enforcing the law.
ll that is reGuired is that the regulation should be germane to
the obFects and purposes of the law and that it should conform to
the standards that the law prescribes People vs. /xconde, !K!
Phil. !!:"I *irector of 4orestry vs. 9uNo%, L>:
"@"I 9anuel vs. $eneral uditing #ffice, L>:@A":, *ecember :A,
!AB!, :!AK?, ugust :A,
!A?A, :A 3CR ;"K&.
'he rule>making power must be confined to details for regulating
the mode or proceeding to carry into effect the law as it has been
enacted. 'he power cannot be extended to amending or
expanding the statutory reGuirements or to embrace matters not
covered by the statute. Rules that subvert the statute cannot be
sanctioned. 1niversity of 3anto 'omas vs. Eoard of 'ax
ppeals, A; Phil. ;B?, ;@:, citing !: C.D. @
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2n case of discrepancy between the basic law and a rule or
regulation issued to implement said law, the basic law prevails
because said rule or regulation cannot go beyond the terms and
provisions of the basic law People vs. Lim, !K@ Phil. !KA!&.
'his Court in its decision in the Lim case, supra, promulgated on
Duly :?, !A?K, called the attention of technical men in the
executive departments, who draft rules and regulations, to the
importance and necessity of closely following the legalprovisions which they intend to implement so as to avoid any
possible misunderstanding or confusion.
'he rule is that the violation of a regulation prescribed by an
executive officer of the government in conformity with and based
upon a statute authori%ing such regulation constitutes an offense
and renders the offender liable to punishment in accordance with
the provisions of the law 1.3. vs. 'upasi 9olina, :A Phil. !!A,
!:
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board to extend or modify the statute. Hence, the indictment
against 9iles was Guashed. 'he 'iles case is similar to this
case. aisa dc
(H/R/4#R/, the lower courtJs decision of Dune A, !ABK is set
aside for lack of appellate Furisdiction and the order of dismissal
rendered by the municipal court of 3ta. Cru%, Laguna in Criminal
Case -o. "
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servants and agents took the said carabaos from the said corral
and drove them from one place to another for the purpose of
working them.
'he defendant demurred to this information on the ground that
the acts complained of did not constitute a crime. 'he demurrer
was overruled and the defendant duly excepted and pleaded not
guilty.
4rom the evidence introduced by the prosecution on the trial of
the cause it appears that the defendant was notified in writing on4ebruary ::, !A!;, by a duly authori%ed agent of the *irector of
griculture, that all of his carabaos in the barrio of 9asamat,
municipality of 9exico, Pampanga Province, had been exposed
to the disease commonly known as rinderpest, and that said
carabaos were accordingly declared under Guarantine, and were
ordered kept in a corral designated by an agent of the Eureau of
griculture and were to remain there until released by further
order of the *irector of griculture.
2t further appears from the testimony of the witnesses. for the
prosecution that the defendant fully understood that, according
to the orders of the Eureau of griculture, he was not to remove
the animals, or to permit anyone else to remove them, from theGuarantine in which they had been placed. 2n spite, however, of
all this, the carabaos were taken from the corral by the
commands of the accused and driven from place to place on his
hacienda, and were used as work animals thereon in the same
manner as if they had not been Guarantined.
'he contention of the accused is that the facts alleged in the
information and proved on the trial do not constitute a violation of
ct -o. !B?K or any portion thereof.
(e are forced to agree with this contention.
'he original information against the accused charged a violation
of section ? of ct -o. !B?K committed by the accused in that he
ordered and permitted his carabaos, which, at the time, were in
Guarantine, to be taken from Guarantine and moved from one
place to another on his hacienda. n amended information was
filed. 2t failed, however, to specify the section of ct -o. !B?K
alleged to have been violated, evidently leaving that to be
ascertained by the court on the trial.
'he only sections of ct -o. !B?K which prohibit acts and
pronounce them unlawful are ;, < and ". 'his case does not fall
within any of them. 3ection ; provides, in effect, that it shall be
unlawful for any person, firm, or corporation knowingly to ship or
otherwise bring into the Philippine 2slands any animal suffering
from, infected with, or dead of any dangerous communicable
disease, or any of the effects pertaining to such animal which are
liable to introduce such disease into the Philippine 2slands.
3ection < declares, substantially, that it shall be unlawful for any
person, firm, or corporation knowingly to ship, drive or otherwise
take or transport from one island, province, municipality,
township, or settlement to another any domestic animal suffering
from any dangerous communicable disease or to expose such
animal either alive or dead on any public road or highway where
it may come in contact with other domestic animals. 3ection "
provides that whenever the 3ecretary of the 2nterior shall declare
that a dangerous communicable animal disease prevails in a
island, province, municipality, township, or settlement and th
there is danger of spreading such disease by shipping, driving
otherwise transporting or taking out of such island, provinc
municipality, township, or settlement any class of domes
animal, it shall be unlawful for any person, firm or corporation
ship, drive or otherwise remove the kind of animals so specifi
from such locality except when accompanied by a certifica
issued by authority of the *irector of griculture stating t
number and the kind of animals to be shipped, driven, taken
transported, their destination, manner in which they aauthori%ed to be shipped, driven, taken, or transported, and the
brands and distinguishing marks.
simple reading of these sections demonstrates clearly that t
case at bar does not fall within any of them. 'here is no Guestio
here of importation and there is no charge or proof that t
animals in Guestion were suffering from a dangero
communicable disease or that the 3ecretary of the 2nterior h
made the declaration provided for in section " or that t
accused had driven or taken said animals from one islan
province, municipality, township or settlement to another. 2t w
alleged in the information and proved on the trial that the anima
had been exposed to a dangerous communicable disease athat they had been placed in a corral in Guarantine on t
premises of the accused and that he, in violation of t
Guarantine, had taken them from the corral and worked the
upon the lands adFoining. 'hey had not been in the highway n
moved from one municipality or settlement to another. 'hey we
left upon defendantJs hacienda, where they were Guarantine
and there worked by the servants of the accused.
'he 3olicitor>$eneral in his brief in this court admits that t
sections referred to are not applicable to the case at bar an
also admits that section B of said ct is not applicable. 'h
section provides (henever the *irector of griculture sh
order any animal placed in Guarantine in accordance with thprovisions of this ct, the owner of such animal, or his age
shall deliver it at the place designated for the Guarantine an
shall provide it with proper food, water, and attendance. 3hou
the owner or his agent fail to comply with this reGuirement t
*irector of griculture may furnish supplies and attendan
needed, and the reasonable cost of such supplies a
attendance shall be collectible from the owner or his agent.
(e are in accord with the opinion expressed by the 3olicito
$eneral with respect to this section, as we are with his opinio
as to sections ;,
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inflicted are so phrased as to make the prohibited act unlawful,
and section @ provides the punishment for any act declared
unlawful by the law.
'he 3olicitor>$eneral suggests, but does not argue, that section
? is applicable to the case at bar. 3ection ? simply authori%es the
*irector of griculture to do certain things, among them,
paragraph c & to reGuire that animals which art suffering from
dangerous communicable diseases or have been exposed
thereto be placed in Guarantine at such place and for such time
as may be deemed by him necessary to prevent the spread of the disease. -owhere in the law, however, is the violation of the
orders of the Eureau of griculture prohibited or made unlawful,
nor is there provided any punishment for a violation of such
orders. 3ection @ provides that any person violating any of
the proisions of this +ct shall, upon conviction, be punished by
a fine of not more than one thousand pesos, or by imprisonment
for not more than six months, or by both such fine and
imprisonment, in the discretion of the court, for each offense. J
violation of the orders of the Eureau of griculture, as authori%ed
by paragraph c &, is not a violation of the provisions of the ct.
'he orders of the Eureau of griculture, while they may possibly
be said to have the force of law, are not statutes and particularly
not penal statutes, and a violation of such orders is not a penaloffense unless the statute itself somewhere makes a violation
thereof unlawful and penali%es it. -owhere in ct -o. !B?K is a
violation of the orders of the Eureau of griculture made a penal
offense, nor is such violation punished in any way therein.
4inally, it is contended by the $overnment that if the offense
stated in the information and proved upon the trial does not
constitute a violation of any of the provisions of ct -o. !B?K, it
does constitute a violation of article "@!, paragraph :, of the
Penal Code. 2t provides
fine of not less than fifteen and not more than seventy
pesetas and censure shall be imposed upon . . .
:. ny person who shall violate the regulations, ordinances, or
proclamations issued with reference to any epidemic disease
among animals, the extermination of locusts, or any other similar
plague.
2t is alleged in the information and was proved on the trial that
the Eureau of griculture had ordered a Guarantine of the
carabaos at the time and place mentionedI that the Guarantine
had been executed and completed and the animals actually
segregated and confinedI that the accused, in violation of such
Guarantine and of the orders of the Eureau of griculture, duly
promulgated, broke the Guarantine, removed the animals andused them in the ordinary work of his plantation. (e consider
these acts a plain violation of the article of the Penal Code above
Guoted. 'he fact that the information in its preamble charged a
violation of ct -o. !B?K does not prevent us from finding the
accused guilty of a violation of an article of the Penal Code. 'he
complaint opens as follows 'he undersigned accuses driano
Panlilio of a violation of ct -o. !B?K, committed as follows
'hen follows the body of the information already Guoted in this
opinion. (e would not permit an accused to be convicted under
one ct when he is charged with the violation of another, if the
change from one statute to another involved a change of the
theory of the trial or reGuired of the defendant a different defen
or surprised him in any other way. 'he allegations reGuired und
ct -o. !B?K include those reGuired under article "@!. '
accused could have defended himself in no different manner
he had been expressly charged with a violation of article "@!.
2n the case of 1nited 3tates s. Paua ? Phil. Rep., B
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SYLLA#US
!. 423H2-$ 2- #-/ PR#H2E2'/* E6 R/$1L'2#- #4
'H/ 3/CR/'R6 #4 $R2C1L'1R/ -* C#99/RC/I
/C/33 #4 R/$1L'#R6 P#(/R3 C#-4/RR/* E6 C'
-#.
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over which Furisdiction is exercised by naval and military
authorities of the 1nited 3tates, particularly Corregidor& only
upon receiving written permission therefor, which permission
may be granted by the 3ecretary of griculture and Commerce
upon recommendation of the military or naval authorities
concerned. (ithin parenthesis ours.&
ct -o. K?>K!K of the *epartment of /nergy *#/&.
'he facts are undisputed.
Eatas Pambansa Elg. ;;, as amended, penali%es illegal tradin
hoarding, overpricing, adulteration, underdelivery, a
underfilling of petroleum products, as well as possession f
trade of adulterated petroleum products and of underfill
liGuefied petroleum gas LP$& cylinders. 'he said law sets tmonetary penalty for violators to a minimum of P:K,KKK and
maximum of P"K,KKK.
#n Dune A, :KKK, Circular -o. :KKK>K?>K!K was issued by th*#/ to implement E.P. Elg. ;;, thus
SECTION . NO PRICE DISPLAY BOARD
LPG MarB't'rLPG D'a('rLPG R'ta( Out('t
!st #ffense > ReprimandMwarning letter
:nd #ffense > Recommend suspension of busine
operation to the proper local governme
unit
;rd #ffense > Recommend business closure to the prop local government unit and initiate crimin
proceedings
SECTION . NO WEIGHING SCALE
A. LPG R'(('rMarB't'r
!st #ffense > 4ine of P",KKK
:nd #ffense > 4ine of P!K,KKK
;rd #ffense > Recommend business closu
to the proper local government unit
#. D'a('r
!st #ffense > 4ine of P;,KKK
:nd #ffense > 4ine of PB,KKK
;rd #ffense > Recommend business closure to t
proper local government unit
C. LPG R'ta( Out('t
!st #ffense > Reprimand
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ce&path=%2Fjurisprudences%2Fsearch&q%5Bcitation_finder%5D=&q%5Bfull_text%5D=&q%5Bissue_no%5D=159149&q%5Bponente%5D=&q%5Bsyllabus%5D=&q%5Btitle%5D=&q%5Butf8%5D=%E2%9C%93&q%5Byear_end%5D=&q%5Byear_start%5D=#footnote4_0https://cdasiaonline.com/laws/1761
8/19/2019 Admin Penal Rules and Regulations
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:nd #ffense > 4ine of P"KK.KK
;rd #ffense > 4ine of P!,KKK.KK
SECTION 4ine of P;,KKK for each cylinder
:nd #ffense > 4ine of P",KKK for each cylinder
;rd #ffense > Recommend business closure to the
proper local government unit
#. D'a('r
!st #ffense > 4ine of P:,KKK for each cylinder
:nd #ffense > 4ine of P Recommend business closure to the proper local government unit
C. LPG R'ta( Out('t
!st #ffense > 4ine of P!,KKK for each cylinder
:nd #ffense > 4ine of P:,KKK for each cylinder
;rd #ffense > Recommend business closure to the
proper local government unit
SECTION ;. NO APPROPRIATE OR AUTHORIZED LPG SEAL
A. LPG R'(('rMarB't'r
!st #ffense > 4ine of P;,KKK for each cylinder
:nd #ffense > 4ine of P",KKK for each cylinder
;rd #ffense > Recommend business closure to the
proper local government unit
#. D'a('r
!st #ffense > 4ine of P:,KKK for each cylinder
:nd #ffense > 4ine of P Recommend business closure to the
proper local government unit
C. LPG R'ta( Out('t
!st #ffense > 4ine of P!,KKK for each cylinder
:nd #ffense > 4ine of P:,KKK for each cylinder
;rd #ffense > Recommend business closure to the
proper local government unit
SECTION 9. NO TRADE NAME UNBRANDED LPCYLINDERS NO SERIAL NUMBER NO DISTINGUISHIN
COLOR NO EMBOSSED IDENTIFYING MARKINGS O
CYLINDER OR DISTINCTIVE COLLAR OR DESIG
(REQUIREMENT ON SERIAL NUMBER AND DISTINCTIV
COLLAR OR DESIGN SHALL TAKE EFFECT TWO (2) YEAR
AFTER EFFECTIVITY OF THIS CIRCULAR)
A. LPG R'(('rMarB't'r
!st #ffense > 4ine of P 4ine of P",KKK for each cylinder
;rd #ffense > Recommend business closure to t
proper local government unit
#. D'a('r
!st #ffense > 4ine of P;,KKK for each cylinder
:nd #ffense > 4ine of P Recommend business closure to t
proper local government unit
C. LPG R'ta( Out('t
!st #ffense > 4ine of P!,KKK for each cylinder
:nd #ffense > 4ine of P:,KKK for each cylinder
;rd #ffense > Recommend business closure to t
proper local government unit
SECTION . UNDERFILLED LPG CYLINDERS
A. LPG REFILLERMARETER
!st #ffense > 4ine of P 4ine of P?,KKK for each cylinder
;rd #ffense > Recommend business closure to t
proper local government unit
#. DEALER
!st #ffense > 4ine of P;,KKK for each cylinder
:nd #ffense > 4ine of P Recommend business closure to t proper local government unit
C. LPG RETAIL OUTLET
!st #ffense > 4ine of P!,KKK for each cylinder
:nd #ffense > 4ine of P:,KKK for each cylinder
;rd #ffense > Recommend business closure to t
proper local government unit
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SECTION 7?. TAMPERING ALTERING OR MODIFYING OF LPG CYLINDER THRU ANY MEANS SUCH AS BUT NOT
LIMITED TO CHANGING THE VALVE REPAINTING AND
RELABELLING BY ANY PERSON OR ENTITY OTHER THAN
THE LEGITIMATE AND REGISTERED OWNER OF THE
SAME. FOR THIS PURPOSE LPG REFILLER MARKETER
DEALER OR RETAIL OUTLET AS THE CASE MAY BE WHO
HAS POSSESSION OF SUCH ILLEGALLY TAMPERED
ALTERED OR OTHERWISE MODIFIED LPG CYLINDER
SHALL BE HELD LIABLE FOR THIS OFFENSE
A. LPG R'(('rMarB't'r
!st #ffense > 4ine of P",KKK for each cylinder
:nd #ffense > 4ine of P!K,KKK for each cylinder
;rd #ffense > Recommend business closure to the
proper local government unit
#. D'a('r
!st #ffense > 4ine of P;,KKK for each cylinder
:nd #ffense > 4ine of P",KKK for each cylinder
;rd #ffense > Recommend business closure to the
proper local government unit
C. LPG R'ta( Out('t
!st #ffense > 4ine of P!,"KK for each cylinder
:nd #ffense > 4ine of P;,KKK for each cylinder
;rd #ffense > Recommend business closure to the
proper local government unit
SECTION 77. UNAUTHORIZED DECANTING OR REFILLING OF LPG CYLINDERS
!st #ffense > 4ine of P",KKK for each cylinder
:nd #ffense > 4ine of P!K,KKK for each cylinder
;rd #ffense > Recommend business closure to the
proper local government unit
SECTION 7>. HOARDING OF PETROLEUM PRODUCTS INCLUDING LIQUEFIED PETROLEUM GAS
!st #ffense > 4ine of P!K,KKK per cylinder
:nd #ffense > Recommend business closure to the
proper local government unit plus
the filing of appropriate criminal
action
SECTION 7. REFUSAL TO ALLOW OR COOPERATE WITH DULY AUTHORIZED INSPECTORS OF THE ENERGY
INDUSTRY ADMINISTRATION BUREAU (EIAB) OF THE
DEPARTMENT OF ENERGY IN THE CONDUCT OF THEIR
INSPECTION!INVESTIGATION WHETHER REGULAR AN
ROUTINARY OR COMPLAINT"INITIATED
!st #ffense > 4ine of P!K,KKK
:nd #ffense > Recommend business closure to the prop
local government unit
SECTION 7. REFUSAL OR FAILURE TO PAY FINE >Departent of Energy shall recoend to the proper loc
goernent unit the closure of business of a respondent wh
refuses or fails to pay any adinistratie fine without pre#udice
the filing of an appropriate criinal action if warranted .
Respondent LP$ Refillers ssociation of the Philippines, 2n
asked the *#/ to set aside the Circular for being contrary to la
'he *#/, however, denied the reGuest for lack of merit. HC/
Respondent then filed a petition for prohibition and annulme
with prayer for temporary restraining order andMor writ
preliminary inFunction before the trial court.
fter trial on the merits, the trial court nullified the Circular on t
ground that it introduced new offenses not included in t
law.
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(H/'H/R #R -#' 'H/ C#1R' A QUO $R5/L6 /RR/* 2-
H#L*2-$ 'H' 3/C'2#- !? #4 P/'2'2#-/RJ3 C2RC1LR
(H2CH 1'H#R2/3 'H/ 29P#32'2#- #4 P/C1-2R6
P/-L'2/3 (2'H 'H/ '#'L 42-/ -#' /C//*2-$
P:K,KKK.KK 4#R R/'2L #1'L/'3 52#L'/3 'H/ P/-L'6
C/2L2-$ #4 P!K,KKK.KK 3/' 1-*/R EP EL$. ;;, 3
9/-*/*.
IV
(H/'H/R #R -#' 'H/ C#1R' A QUO $R5/L6 /RR/* 2-H#L*2-$ 'H' 32-C/ 3/C'2#- "g& #4 R.. B?;@ 42-*3
-# R/4/R/-C/ 2- *#/ C2RC1LR -#. :KKK>K?>K!K, 'H/
39/ 3H#1L* E/ *23R/$R*/*.
V
(H/'H/R #R -#' 'H/ C#1R' A QUO $R5/L6 /RR/* 2-
H#L*2-$ 'H' #- 'H/ -/( #44/-3/3 2-'R#*1C/* 2-
'H/ C2RC1LR 31CH 3 3/C'2#-3 7? of E.P. Elg. ;; and 3ection :; 77 of Republic ct -o.@ Petitioner adds that 3ections "g& 7 and:! 7 of Republic ct -o. B?;@ 7 also authori%e the *#/ toimpose the penalties provided in the Circular.
Respondent counters that the enabling laws, E.P. Elg.
;; and R.. -o. @
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(H/R/4#R/, the petition is $R-'/*. 'he assailed Circular
-o. :KKK>K?>K!K of *#/ is declared valid. 'he *ecision and
#rder of the Regional 'rial Court of Pasig City, Eranch !?!, in
3C Case -o. :;!@, nullifying said Circular and prohibiting its
implementation are hereby R/5/R3/* and 3/' 32*/.
-o pronouncement as to costs.
3# #R*/R/*.
arpio, arpio 'orales, >inga and Belasco, Jr/, JJ/, concur.
QQQ *Pere! / 1PG Refillers +ssocation of the Phil/, $nc/, G/R/ 0o/
4=84
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tambien los Reglaentos, Reales decretos,
2nstrucciones, irculares y Reales ordenes dictadas de
conformidad con las mismas por el $obierno en uso de su
potestad. 'ambien el poder eFecutivo lo ha venido entendiendo
asi, como lo prueba el hecho de Gue muchas de sus
disposiciones contienen la advertencia de Gue empie%an a regir
el mismo dia de su publicacion en la $aceta, advertencia Gue
seria perfectamente inutil si no fuera de aplicacion al caso el
articulo !.U del Codigo Civil.'anresa, odigo iil EspaAol,
Bol/ $, p/ =3 &.
2n the present case, although Circular -o. :K of the Central Eank
was issued in the year !A
publication of the Circular is being raised for the first time onappeal in this Court, which cannot be done by appellant.
#rdinarily, one may raise on appeal any Guestion of law or fact
that has been raised in the court below and which is within the
issues made by the parties, in their pleadings. 3ection !A, Rule
publication is
fundamental and decisive. 2f as a matter of fact Circular -o. :K
had not been published as reGuired by law before its violation,
then in the eyes of the law there was no such circular to be
violated and conseGuently appellant committed no violation of
the circular or committed any offense, and the trial court may be
said to have had no Furisdiction. 'his Guestion may be raised at
any stage of the proceeding whether or not raised in the court
below.
2n view of the foregoing, we reverse the decision appealed from
and acGuit the appellant, with costs de oficio/
Paras / J/, )eng!on, Padilla, Reyes, )autista +ngelo,
1abrador, oncepcion and Dio(no, JJ/, concur.
QQQ *People / ue Po 1ay, G/R/ 0o/ 5984, 6'arch 38, 48=
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?
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C#-3'2'1'2#-L R2$H'3 #R */3'R#6 5/3'/* R2$H'3.
'here cannot be any Guestion but that even if a decree
provides for a date of effectivity, it has to be published. (hen a
date effectivity is mentioned in the decree but the decree
becomes effective only fifteen !"& days after its publication in
the #fficial $a%ette, it will not mean that the decree can have
retroactive effect to the date of effectivity mentioned in the
decree itself. 'here should be no retroactivity if the retroactivity
will run counter to constitutional rights or shall destroy vested
rights.
PL-, D., separate opinion
!. C#-3'2'1'2#-L L(I 3''1'/3I P1EL2C'2#- 2- 'H/
#442C2L $/''/ -#' /33/-'2L 4#R /44/C'252'6
4#R /44/C'252'6 #4 L(3. 'he Philippine Constitution
does not reGuire the publication of laws as a prereGuisite for their
effectivity, unlike some Constitutions elsewhere. 2t may be said
though that the guarantee of due process reGuires notice of laws
to affected parties before they can be bound therebyI but such
notice is not necessarily by publication in the #fficial $a%ette.
'he due process clause is not that precise. -either is thepublication in the Official Ga!ette reGuired by any statute as a
prere&uisite for their effectiity , if said laws already provide for
their effectivity date.
:. 2*.I 2*.I P1EL2C'2#- 96 E/ 9*/ /L3/(H/R/ 'H-
2- 'H/ #442C2L $/''/. rticle : of the Civil
Code provides that laws shall take effect after fifteen days
following the completion of their publication in the #fficial
$a%ette, unless it is otherwise proided . 'wo things may be said
of this provision 4irstly, it obviously does not apply to a law with
a built>in provision as to when it will take effect. 3econdly, it
clearly recogni%es that each law may provide not only a different
period for reckoning its effectivity date but also a different modeof notice. 'hus, a law may prescribe that it shall be published
elsewhere than in the #fficial $a%ette.
;. 2*.I 2*.I C#99#-(/L'H C' ?;@ C--#' -1LL246 #R
R/3'R2C' #P/R'2#- #4 3''1'/ (2'H PR#5232#-
3 '# 2'3 /44/C'252'6. -ot all legislative acts are reGuired
to be published in the #fficial $a%ette but only important ones
of a public nature. 9oreover, Commonwealth ct -o. ?;@ does
not provide that publication in the #fficial $a%ette is essential for
the effectivity of laws. 'his is as it should be, for all statutes are
eGual and stand on the same footing. law, especially an earlier
one of general application such as Commonwealth ct -o. ?;@,
cannot nullify or restrict the operation of a subseGuent statutethat has a provision of its own as to when and how it will take
effect. #nly a higher law, which is the Constitution, can assume
the role.
D E C I S I O N
ESCOLIN, J p
2nvoking the peopleJs right to be informed on matters of public
concern, a right recogni%ed in 3ection ?, rticle 25 of the !AB;
Philippine Constitution, 7 as well as the principle that laws to be
valid and enforceable must be published in the #fficial $a%e
or otherwise effectively promulgated, petitioners seek a writ
mandamus to compel respondent public officials to publish, a
or cause the publication in the #fficial $a%ette of vario
presidential decrees, letters of instructions, general orde
proclamations, executive orders, letter of implementation a
administrative orders.
3pecifically, the publication of the following president
issuances is sought
a Presidential *ecrees -os. !:, ::, ;B, ;@, "A, ?!K?!, !K@", !!
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the alleged non>publication of the presidential issuances in
Guestion > said petitioners are without the reGuisite legalpersonality to institute this mandamus proceeding, they are not
being aggrieved parties within the meaning of 3ection ;, Rule
?" of the Rules of Court, which we Guote Cdpr
3/C. ;. Petition for 'andaus/ (hen any tribunal,
corporation, board or person unlawfully neglects the
performance of an act which the law specifically enFoins as a
duty resulting from an office, trust, or station, or unlawfully
excludes another from the use and enFoyment of a right or officeto which such other is entitled, and there is no other plain,
speedy and adeGuate remedy in the ordinary course of law, the
person aggrieved thereby may file a verified petition in the
proper court alleging the facts with certainty and praying that
Fudgment be rendered commanding the defendant, immediately
or at some other specified time, to do the act reGuired to be done
to protect the rights of the petitioner, and to pay the damages
sustained by the petitioner by reason of the wrongful acts of the
defendant.
1pon the other hand, petitioners maintain that since the subFect
of the petition concerns a public right and its obFect is to compel
the performance of a public duty, they need not show anyspecific interest for their petition to be given due course.
'he issue posed is not one of first impression. s early as the
!A!K case of 3everino vs. $overnor $eneral, this Court heldthat while the general rule is that a writ of mandamus would be
granted to a private individual only in those cases where he has
some private or particular interest to be subserved, or some
particular right to be protected, independent of that which he
holds with the public at large, and it is for the public officers
exclusively to apply for the writ when public rights are to be
subserved =9ithchell vs. Eoardmen, BA 9.e.,
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documents as the President of the Philippines shall determine
from time to time to have general applicability and legal effect, or
which he may authori%e so to be published. . . .
'he clear obFect of the above Guoted provision is to give the
general public adeGuate notice of the various laws which are to
regulate their actions and conduct as citi%ens. (ithout such
notice and publication, there would be no basis for the
application of the maxim ignorantia legis non excusat. 2t would
be the height of inFustice to punish or otherwise burden a citi%en
for the transgression of a law of which he had no noticewhatsoever, not even a constructive one. cdphil
Perhaps at no time since the establishment of the Philippine
Republic has the publication of laws taken so vital significance
that at this time when the people have bestowed upon the
President a power heretofore enFoyed solely by the legislature.
(hile the people are kept abreast by the mass media of the
debates and deliberations in the Eatasan Pambansa and for
the diligent ones, ready access to the legislative records no
such publicity accompanies the law>making process of the
President. 'hus, without publication, the people have no means
of knowing what presidential decrees have actually been
promulgated, much less a definite way of informing themselvesof the specific contents and texts of such decrees. s the
3upreme Court of 3pain ruled EaFo la denominacion genrica de
leyes, se comprenden tambin los reglamentos, Reales decretos,
2nstrucciones, Circulares y Reales ordines dictadas de
conformidad con las mismas por el $obierno en uso de su
potestad.
'he very first clause of 3ection ! of Commonwealth ct
?;@ reads 'here shall be published in the #fficial $a%ette . . .
'he word shall used therein imposes upon respondent officials
an imperative duty. 'hat duty must be enforced if the
Constitutional right of the people to be informed on matters of
public concern is to be given substance and reality. 'he law itself makes a list of what should be published in the official $a%ette.
3uch listing, to our mind, leaves respondents with no discretion
whatsoever as to what must be included or excluded from such
publication.
'he publication of all presidential issuances of a public nature
or of general applicability is mandated by law. #bviously,
presidential decrees that provide for fines, forfeitures or penalties
for their violation or otherwise impose a burden on the people,
such as tax and revenue measures, fall within this category.
#ther presidential issuances which apply only to particular
persons or class of persons such as administrative and
executive orders need not be published on the assumption thatthey have been circulari%ed to all concerned. <
2t is needless to add that the publication of presidential
issuances of a public nature or of general applicability is a
reGuirement of due process. 2t is a rule of law that before a
person may be bound by law, he must first be officially and
specifically informed of its contents. s Dustice Claudio
'eehankee said in Peralta vs. C#9/L/C ;
2n a time of proliferating decrees, orders and letters of
instructions which all form part of the law of the land, the
reGuirement of due process and the Rule of Law demand th
the #fficial $a%ette as the official government reposito
promulgate and publish the texts of all such decrees, orders a
instructions so that the people may know where to obtain the
official and specific contents.
'he Court therefore declares that presidential issuances
general application, which have not been published, shall ha
no force and effect. 3ome members of the Court, Gu
apprehensive about the possible unsettling effect this decisio
might have on acts done in reliance of the validity of thopresidential decrees which were published only during t
pendency of this petition, have put the Guestion as to wheth
the CourtJs declaration of invalidity apply to P.*.s which ha
been enforced or implemented prior to their publication. '
answer is all too familiar. 2n similar situations in the past th
Court had taken the pragmatic and realistic course set forth
Chicot County *rainage *istrict vs. Eaxter Eank 9 to wit LLFur
'he courts below have proceeded on the theory that the ct
Congress, having been found to be unconstitutional, was not
lawI that it was inoperative, conferring no rights and imposing
duties, and hence affording no basis for the challenged decre
-orton v. 3helby County, !!@ 1.3. inclusive stateme
of a principle of absolute retroactive invalidity cannot
Fustified.
Consistently with the above principle, this Court in Rutter v
/steban sustained the right of a party under the 9oratoriuLaw, albeit said right had accrued in his favor before said la
was declared unconstitutional by this Court.
3imilarly, the implementationMenforcement of president
decrees prior to their publication in the #fficial $a%ette is aoperative fact which may have conseGuences which cannot
Fustly ignored. 'he past cannot always be erased by a ne
Fudicial declaration . . . that an all>inclusive statement of
principle of absolute retroactive invalidity cannot be Fustified.
4rom the report submitted to the Court by the Clerk of Court
appears that of the presidential decrees sought by petitioners
be published in the #fficial $a%ette, only Presidential *ecre
-os. !K!A to !K;K, inclusive, !:B@, and !A;B to !A;A, inclusiv
have not been so published. 7? -either the subFect matters nthe texts of these P*s can be ascertained since no copi
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8/19/2019 Admin Penal Rules and Regulations
20/20
thereof are available. Eut whatever their subFect matter may be,
it is undisputed that none of these unpublished P*s has ever
been implemented or enforced by the government. 2n Pesigan
vs. ngeles, 77 the Court, through Dustice Ramon Guino, ruledthat publication is necessary to apprise the public of the
contents of =penal regulations and make the said penalties
binding on the persons affected thereby. 'he cogency of this
holding is apparently recogni%ed by respondent officials
considering the manifestation in their comment that the
government, as a matter of policy, refrains from prosecuting
violations of criminal laws until the same shall have beenpublished in the #fficial $a%ette or in some other publication,
even though some criminal laws provide that they shall take
effect immediately.
(H/R/4#R/, the Court hereby orders respondents to publish
in the #fficial $a%ette all unpublished presidential issuances
which are of general application, and unless so published, they
shall have no binding force and effect.
3# #R*/R/*.
Relova, D., concur/
Guino, D., too( no part/
Concepcion, Dr., D., is on leae/
$utierre%, Dr., D., $ concur insofar as publication is necessary b
resere y ote as to the necessity of such publication being
the Official Ga!ette/
*e la 4uente, D., $nsofar as the opinion declares the unpublish
decrees and issuances of a public nature or general applicabil
ineffectie, until due publication thereof/
QQQ *>aAada / >uera, G/R/ 0o/ 5284=, 6+pril 3
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