Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City, Metro Manila

SIXTEENTH CONGRESS

First Regular Session

HOUSE BILL NO. _ 4034.

INTRODUCED BY REPRESENTATIVE XAVIER JESUS “XJ” D, ROMUALDO

EXPLANATORY NOTE

The publication of laws, as a requisite for their effectivity, is a measure of due process meant
to give the public adequate notice of the rules that will regulate and govern their actions and
conduct, Hence, Article 2 of the Civil Code provides that “[l]aws shall take effect after fifteen
days following the completion of their publication in the Official Gazette, unless it is
otherwise provided.”

Indeed, in its resolution of the motion for reconsideration in the landmark case of ZaRada v.
Tuvera,' the Supreme Court said that an omission of publication would offend due process
insofar as it would deny the public knowledge of the laws that are supposed to govern it. The
Court added that it is not unlikely that persons not aware of laws due to lack of publication
would be prejudiced as a result, not because of a failure to comply but simply because they
did not know of its existence. The Court likewise observed that, due to the erratic release and
limited readership of the Official Gazette (“OG”), newspapers of general circulation could
better perform the function of communicating laws to the public because such newspapers are
more easily available, have a wider readership, and come out regularly. Nevertheless, the
Court held that publication must still be made in the OG because this was the requirement of
the Civil Code.

In response to the observation of the Court, President Corazon Aquino, in the exercise of her
legislative power, issued Executive Order (“EO”) No, 200, which authorized publication
either in the Official Gazette or in a newspaper of general circulation in the Philippines, The
new rule on publication was reiterated in Section 18 of BO No, 292, otherwise known as the
Administrative Code of 1987, likewise promulgated by President Aquino, which states:

Section 18. 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.

The Official Gazette is now attached to the Presidential Communications Development and
Strategic Planning Office, which exercises editorial functions over the OG.” The online

' Tatiada v. Tuvera , GR. No, L-63915, December 29, 1986,

* Executive Order No. 4, Reorganizing and Renaming the Oflice of the Press Secretary as the Presidential Communications
Operations Office; Creating The Presidential Communications Development and Strategic Planning Office; and for Other
Purposes, July 30, 2010,


version of the Official Gazette (the “OG-Online”) went live on July 26, 2010 under the
uniform resource locator, www.gov.ph. The OG-Online is constantly updated, with laws
passed by Congress, implementing rules and regulations, executive issuances, and other
government issuances and documents posted therein

According to reports, the Philippines is the second top Internet user in Southeast Asia, the 6th
in Asia, and the 17th in the world.* From 1.98% in 2000, Intemet penetration in the country
has increased to 36.24% in 2012.* Although this means that only about four in every ten
people in the country used the Internet in 2012, the statistics show that Internet access and
usage in the country has grown rapidly and significantly in the past decade, This sharp rise is
expected to continue in the coming years, Indeed, the number of Internet users in the
Philippines is expected to grow to 41 million this year, with young people between the ages
of 15 and 34 comprising 71% of Philippine Internet users,>

‘The Internet has obviously changed the way people communicate and interact. With the
Internet, information and knowledge is easily accessible. Information may now be
communicated, disseminated, and shared rapidly, widely, and inexpensively, As more and
more Filipinos gain access to and use the Internet, itis submitted that is now proper and apt
for Congress to allow, as a prerequisite for their effectivity, the publication of laws over the
Internet through the OG-Online.

In view of all the foregoing, the support of the Members of Congress for the prompt passage

of this measure is earnestly sought. «

XAVIER JESUS “XJ” D. ROMUALDO.

he Etueoreneut Philippines, Good to know: Philippine Web saistics (available at

bttpv/tvw. entrepreneur. com ph/franchising/good-to-know-philippine-web>statistics)

rie Ramon G. Alber, Examining ICT Indicest” How Do We Fare in ICT? (avilable at
‘hup:/ww.nsob. gov. ph/sexystats/2014/8820140207 ictaspAf),

;_Maaila Bulletin, Paitorial: Growing internet users in Philippines (available at hips/ivwwamh.com. phieditorial-growing-
intemet-users-n-philippines)),


Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City, Metro Manila

SIXTEENTH CONGRESS
First Regular Session

HOUSE BILL NO. 4034

INTRODUCED BY REPRESENTATIVE XAVIER JESUS “XJ” D, ROMUALDO.

AN ACT.

AMENDING ARTICLE 2 OF REPUBLIC ACT NO, 386, OTHERWISE KNOWN AS THE
CIVIL CODE OF THE PHILIPPINES, BY PROVIDING FOR THE PUBLICATION OF
LAWS IN THE PRINT OR ONLINE VERSION OF THE OFFICIAL GAZETTE OR IN A
NEWSPAPER OF GENERAL CIRCULATION IN THE PHILIPPINES, AS A
REQUIREMENT FOR THEIR EFFECTIVITY

Be it enacted by the Senate and the 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 days |following-the-eompletion
of] AFTER their publication IN FULL in the PRINT OR ONLINE VERSION
OF THE Official Gazetté OR IN A NEWSPAPER OF GENERAL
CIRCULATION IN THE PHILIPPINES, unless [it] A DIFFERENT PERIOD is,
otherwise [provided:] PRESCRIBED; PROVIDED THAT PUBLICATION IN
THE ONLINE VERSION OF THE OFFICIAL GAZETTE SHALL BE MADE
WITH THE APPROPRIATE TIMESTAMP ON THE LAW PUBLISHED. This
Code shall take effect one year after such publication

FOR PURPOSES OF THIS ARTICLE, THE TERM “LAW/S” SHALL REFER
TO (1) ALL STATUTES, INCLUDING JOINT RESOLUTIONS, ENACTED
BY THE CONGRESS OF THE PHILIPPINES, (2) ALL ORDERS,
PROCLAMATIONS, CIRCULARS, AND OTHER — ISSUANCES
PROMULGATED BY THE PRESIDENT OF THE PHILIPPINES PURSUANT
TO HIS OR HER ORDINANCE POWER, AS PROVIDED FOR BY
EXECUTIVE ORDER NO. 292, DATED JULY 25, 1987, OTHERWISE
KNOWN AS THE ADMINISTRATIVE CODE OF 1987, AND (3) ALL
RULES AND REGULATIONS PROMULGATED TO IMPLEMENT OR
ENFORCE EXISTING STATUTES PURSUANT TO A VALID
DELEGATION BY THE CONGRESS OF THE PHILIPPINES.

SEC. 2. Executive Order No. 200, dated June 18, 1987, and Section 18 of Executive Order
No. 292, dated July 25, 1987, otherwise known as the Administrative Code of 1987, are


hereby repealed. All laws, decrees, executive orders, proclamations, rules and regulations,
and other issuances or parts thereof, which are inconsistent with the provisions of this Act are
hereby repealed or modified accordingly.

SEC. 3. This Act shall take effect 15 days after its publication in two newspapers of general
circulation,

Approved,