Publication of a law in the Official Gazette Online in www.gov.ph

9 Dec

Is the publication of law in the Official Gazette Online at www.Gov.ph, be recognized as a valid compliance of publication requirement, taking into considerations the provision of Article 2 New Civil Code, Executive Order 200, Commonwealth Act No. 638 and Republic Act no. 8792?

NO.

Article 2 of the New Civil Code provides ” Laws shall take effect 15 days following their complete publication in the Official Gazette unless otherwise provided”

This has been amended by E.O. 200 to the effect that a law, to be operative must be published in the Official Gazette or in a newspapaer of general circulation unless otherwise provided…

C.A. no. 638, on the other hand, mandates the publication in the Official Gazette , of the following  A. All legislative issuances of the congress of the Philippines, B. Executive and Administrative orders, C. Decision of the Court of Appealsd and Supreme Court deemed to have sufficient importance to be published, D. Those papers and documents as determined by the President to have legal effect and general applicability.

A law should be enacted repealing or amending provisions contained in Article 2 of the New Civil Code and R.A. 8792. In the absence of such amendments, laws published through the Official Gazette Online must be considered as having no force and effect.

Along the same vein, claims that R.A. 8792 of 2000 validated such publications is, in my humble opinion, based on a wrong legal anchor, Under the E- Commerce Law, an electronic document has the functional equivalent of a written document but only for evidentiary purposes; the law considers the admissibility of electronic data message or documents as evidence. The law does not contain a provision making internet a mode of publishing a statute or law.

As long as there is no law repealing  or amending Article 2 of the New Civil Code and R.A. 638,  the requirement that  for a law, to be valid, should be published in the Official Gazette or in a newspaper of general circulation must be observed.

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