Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City
NINETEENTH CONGRESS
First Regular Session
House Bill No. _____
_________________________________________________________________________
Introduced by Representative PABLO JOHN F. GARCIA
_________________________________________________________________________
EXPLANATORY NOTE
The Constitution provides that “The right of the people to information on matters of
public concern shall be recognized. [x x x]”1 It likewise states that, “Science and technology
are essential for national development and progress. The State shall give priority to research
and development, invention, innovation, and their utilization [x x x].”2
The Supreme Court, in the landmark case of Tañada v. Tuvera3, elucidates on the
importance of the publication of laws with respect to the rule of law and due process:
It is not correct to say that [x x x] publication may be dispensed with altogether. The
reason is that such omission would offend due process insofar as it would deny the
public knowledge of the laws that are supposed to govern it. Surely, if the legislature
could validly provide that a law shall become effective immediately upon its approval
notwithstanding the lack of publication (or after an unreasonably short period after
publication), it is not unlikely that persons not aware of it would be prejudiced as a
result; and they would be so not because of a failure to comply with it but simply
because they did not know of its existence. Significantly, this is not true only of penal
laws as is commonly supposed. One can think of many non-penal measures, like a law
on prescription, which must also be communicated to the persons they may affect before
they can begin to operate. (emphases supplied)
At issue was Article 2 of the Civil Code, which provides “Laws shall take effect after
fifteen days following the completion of their publication in the Official Gazette, unless it is
otherwise provided. [x x x]” Parties to the case argued as to the meaning of the exception.
The Court, as mentioned above, ruled that while publication is indispensable “[L]egislature
may in its discretion provide that the usual fifteen-day period shall be shortened or extended.”
In passing, the Court also said (in comparison with the Official Gazette with its limited
readership and erratic publication), “[N]ewspapers 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
3 G.R. No. L-63915 (1986).
2 Const. art. XIV, § 10.
1 Const. art. III, § 7.
November 21, 2022
1:23 pm
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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. [x x x]” It added, “At any rate,
this Court is not called upon to rule upon the wisdom of a law or to repeal or modify it if we
find it impractical. That is not our function. That function belongs to the legislature. [x x x]”4
The Civil Code is more than seventy (70) years old. And since Tañada, more advanced
platforms of communication have been developed and dispersed throughout this globalized
Internet era.
For instance, the advent of smartphones and mobile applications has certainly changed
the world forever. Statista, a German statistics company, reports that the Philippines had
around 36.35 million smartphone users as of September 20195—a little more than one
smartphone for every three Filipinos. We Are Social and Hootsuite, social network and media
companies based in London and Vancouver respectively, also report that for 2018, “In the
Philippines, time spent online daily soared [x x x] to 10 hours and 2 minutes this year, the
highest in the world.”6 It is also interesting to note that social media penetration among
Filipinos is at 99% of internet users and that we also spend the most time on social media at
4 hours and 12 minutes per day.7 “Fixed internet speed grew from 15.19 Mbps [on] average
to 19 Mbps.”8
The government is likewise busy with digitization. The Official Gazette has an online
portal now at https://www.officialgazette.gov.ph/. A quick scan with search engines reveals
that even government agencies have their own websites and social media accounts as well.
Our statutes must reflect these realities while serving the primordial aim of informing
citizens of the laws which govern them. We must also heed the call of the Judiciary—a
co-equal branch. This bill aims to modernize how laws take effect. It enables statutes to be
published alternatively on electronic platforms in addition to traditional print for purposes of
effectivity. It is hoped that this measure shall greatly enhance the circulation of statutory
information and the resulting participation of the body politic.
In view of the foregoing, the urgent passage of this bill is earnestly sought.
Rep. PABLO JOHN F. GARCIA
3rd District, Province of Cebu
8 Id.
7 Id.
6 Gelo Gonzales, Filipinos spend most time online, on social media worldwide – report (2019),
available
at
https://www.rappler.com/technology/news/222407-philippines-online-use-2019-hootsuite-we-are-socia
l-report.
5 Available at https://www.statista.com/statistics/748053/worldwide-top-countries-smartphone-users/.
4 The Administrative Code took heed of this observation. Section 18 provides, “When Laws Take
Effect. - Laws shall take effect after fifteen (15) days following the completion of their publication in the
Official Gazette or in a newspaper of general circulation, unless it is otherwise provided.”


Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City
NINETEENTH CONGRESS
First Regular Session
House Bill No. _____
_________________________________________________________________________
Introduced by Representative PABLO JOHN F. GARCIA
_________________________________________________________________________
AN ACT
PROVIDING FOR THE PUBLICATION OF LAWS IN THE PRINT OR
ONLINE VERSION OF THE OFFICIAL GAZETTE AND OF A
NEWSPAPER OF GENERAL CIRCULATION
Be it enacted by the Senate and House of Representatives of the Philippines in
Congress assembled:
SECTION 1.
Article 2 of Republic Act No. 386, otherwise known as the “Civil
Code of the Philippines," is hereby amended to read as follows:
"ARTICLE 2. Laws shall take effect [after] fifteen (15) days [following the
completion of] AFTER their publication [either] IN FULL, in the PRINT OR
ONLINE VERSION OF THE Official Gazette, or in THE PRINT OR
ONLINE
VERSION OF a newspaper of general circulation in the
Philippines, unless [it] A DIFFERENT PERIOD is otherwise [provided.]
PRESCRIBED
TO
RESPOND
TO
A
NATIONAL
EMERGENCY:
PROVIDED, THAT PUBLICATION IN THE ONLINE VERSION OF THE
OFFICIAL
GAZETTE
AND
THE
NEWSPAPER
OF
GENERAL
CIRCULATION
SHALL
INDICATE THE OFFICIAL DATE OF THE
PUBLICATION.
"AS USED IN THIS ACT, THE TERM "LAWS" SHALL REFER TO:
"(1)
ALL
STATUTES
ENACTED
BY
THE
CONGRESS
OF
THE
PHILIPPINES;
"(2) ALL ORDERS, PROCLAMATIONS, CIRCULARS, AND OTHER
ISSUANCES
PROMULGATED
BY
THE
PRESIDENT
OF
THE
PHILIPPINES
PURSUANT
TO
THE
ORDINANCE
POWER,
AS
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PROVIDED FOR BY EXECUTIVE ORDER NO. 292, OTHERWISE
KNOWN AS THE ADMINISTRATIVE CODE OF 1987; OR
"(3)
ALL
RULES
AND
REGULATIONS
PROMULGATED
TO
IMPLEMENT OR ENFORCE STATUTES PURSUANT TO A VALID
DELEGATION OF LEGISLATIVE POWER BY THE CONGRESS OF THE
PHILIPPINES."
SEC. 2. Section 18 of Executive Order No. 292, otherwise known as the
Administrative Code of 1987, is hereby amended to read as follows:
"SEC. 18. When Laws Take Effect. - Laws shall take effect after fifteen
(15) days following the completion of their publication in the PRINT OR
ONLINE VERSION OF THE Official Gazette or IN THE PRINT OR
ONLINE VERSION OF [in] a newspaper of general circulation unless [it] A
DIFFERENT
PERIOD
is
otherwise
[provided.]
PRESCRIBED
TO
RESPOND TO A NATIONAL EMERGENCY.”
SEC. 3. Sections 24 and 25 of the same Executive Order are hereby amended
to read as follows:
"SEC. 24. Contents. - There shall be published in the Official Gazette, IN
ITS PRINT AND ONLINE VERSION, all legislative acts and resolutions of
a public nature; all executive and administrative issuances of general
application; decisions or abstracts of decisions of the Supreme Court and
the Court of Appeals, or other courts of similar rank, as may be deemed by
the said courts of sufficient importance to be so published; such
documents or classes of documents as may be required so to be
published by law; and such documents or classes of documents as the
President shall determine from time to time to have general application or
which he may BE authorized so to be published.
“The publication of any law, resolution or other official documents in the
Official Gazette shall be prima facie evidence of its authority.
"SEC. 25. Editing and Publications. - The Official Gazette shall be edited
in the Office of the President and published weekly in [Pilipino] FILIPINO
or in English language IN PRINT OR THROUGH THE OFFICIAL
GAZETTE WEBSITE MANAGED BY THE OFFICE OF THE PRESIDENT
OR SUCH OTHER GOVERNMENT AGENCY OR OFFICE AUTHORIZED
BY THE PRESIDENT. [It] THE PRINT VERSION OF THE OFFICIAL
GAZETTE shall be sold and distributed by the National Printing Office
which shall promptly mail copies thereof to the subscribers free of
postage."


SEC. 4. If any portion or provision of this Act is subsequently declared invalid or
unconstitutional, the other provisions hereof which are not affected thereby shall
remain in full force and effect.
SEC. 5. Executive Order No. 200, dated June 18, 1987, is hereby repealed.
Sections 18, 24 and 25 of Executive Order No. 292, otherwise known as the
Administrative Code of 1987, are hereby amended. All other laws, acts, presidential
decrees,
executive
orders,
presidential
proclamations,
issuances,
rules
and
regulations or parts thereof which are contrary to or inconsistent with any of the
provisions of this Act are hereby repealed, amended, or modified accordingly.
SEC. 6. This Act shall take effect fifteen (15) days after its publication in the
Official Gazette or in a newspaper of general circulation.
Approved,