Online Official Gazette

Background: The Official Gazette was created on June 14, 1941 under Commonwealth Act No. 638, "An Act to Provide for the Uniform Publication and Distribution of the Official Gazette" where (1) all important legislative acts and resolutions of a public nature of the Congress of the Philippines; (2) all executive and administrative orders and proclamations, except such as have no general applicability; (3) decisions or abstracts of decisions of the Supreme Court and the Court of Appeals as may be deemed by said courts of sufficient importance to be so published; (4) such documents or classes of documents as may be required so to be published by law; and (5) such documents or classes of documents as the President of the Philippines shall determine from time to time to have general applicability and legal effect, or which he may authorize so to be published.
On July 26, 2010, the online version of the Official Gazette was launched. (http://en.wikipedia.org/wiki/Official_Gazette_(Philippines)). 

The New Civil Code, particularly articles 2 and 3 provides as follows:
“ Article 2. Laws shall take effect after fifteen days following the completion of their publication in the official gazette, unless it is otherwise provided. xxx”
“Article 3. Ignorance of the law excuses no one from compliance therewith.”
In the landmark case of Tanada vs. Tuvera, the Supreme Court ruled that 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.

The Court further stated that “there is much to be said of the view that the publication need not be made in the Official Gazette, considering its erratic releases and limited readership. Undoubtedly, newspapers of general circulation could better perform the function of communicating the laws to the people as such periodicals are more easily available, have a wider readership, and come out regularly. The trouble, though, is that this kind of publication is not the one required or authorized by existing law. As far as we know, no amendment has been made of Article 2 of the Civil Code. The Solicitor General has not pointed to such a law, and we have no information that it exists. If it does, it obviously has not yet been published.”

Consequently, Executive Order No. 200 repealed the then section 2 of the Civil Code and included the news paper of general circulation as one of the means of publishing a law.

The issue interposed by the online version of the official gazette, is whether or not its publication in the internet, is sufficient form of publication of a law.  The New civil code does not qualify as to the means of publishing the official gazette, it only stated that a law, in order to be valid, needs proper and complete publication in the official gazette, or in a newspaper of general circulation. 

Writer's opinion: With the advent of new technology, it can be said people are already accustomed to using the internet as a mode of communication, whether it be for commercial or for personal purposes.  However, this means of communication is not available to anybody.  Say for instance, a farmer residing in a secluded barrio, where internet is not available, will not gain access to any of the contents of the World Wide Web.  It is the same thing, for those people who did not receive formal education, and had never touched a personal computer or laptop for various reasons such as poverty, lack of interest and etc.  Compared to the online version, an official gazette or a newspaper is available to anybody, who will be interested to have a copy of such.  The public should not concern themselves with the very wordings of the law, rather, the purpose of such enactment should be put primordial concern. It is the legislature’s intent to make laws known to every citizen of our country, as such, they provided for standards to ensure that this purpose will not be put in vain. One example of legislative act that emphasizes the aforementioned purpose is the requirement of filing with the Office of the National Administrative Registry of administrative laws and regulations in addition to the publication in the official gazette, or newspaper of general circulation.  In this regard, it is the writer’s opinion that the online version of the official gazette, is not sufficient compliance of the publication requirement of a law.