OPINION: If the government of the Philippines in this regime would publish a law in http://www.gov.ph would that satisfy E.O. No. 200 in relation to the case of Tañada vs. Tuvera

Tecnology and the Law

OPINION:      If the government of the Philippines in this regime would publish a law in http://www.gov.ph would that satisfy E.O. No. 200 in relation to the case of Tañada vs. Tuvera?

Before we go any further and try to answer the issue presented in this case we should first know what an Official Gazette is.  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") it is edited under the Office of the President of the Philippines.  Executive Order No. 200 of 1987 issued by President Corazon C. Aquino states that “Laws shall take effect after fifteen days following the completion of their publication either in the Official Gazette or in a newspaper of general circulation in the Philippines” and on July 26, 2010, the online version of the Official Gazette was launched.

Under Section 1 of Commonwealth Act No. 638, the Official Gazette includes:  All important legislative acts and resolutions of a public nature of the Congress of the Philippines; all executive and administrative orders and proclamations, except such as have no general applicability; 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; 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 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.

            In a given problem it was stated that the Office of the President issued an Executive Order in the Official Gazette and as to its electronic forms it was published in http://www.gov.ph.  The main issue in this case now runs after the question “If the government of the Philippines in this regime would publish a law in http://www.gov.ph would that satisfy Article. 2 as amended (E.O. No. 200) in relation to the case of Tañada vs. Tuvera”.

            In connection therefore with the given question it is most suitable to say that this satisfies the provision laid under Executive Order No. 200.  In Tañada vs. Tuvera were the main issue of the case is to where the publication must be made, should it be in the official gazette? The Supreme Court held that pursuant to the Civil Code under Article 2 and the Revised Administrative Code publication must be effected in the Official Gazette and not in any other medium.  However, this ruling has entailed some problems like its irregular release and it could only be seen by a limited number of people.  Because of this the creation of Executive Order No. 200 was passed by the former President Corazon Aquino, this amends Article 2 of the Civil Code (R.A. 386).  Pursuant to this law, publication of laws may now be in the official gazette or in a newspaper of general circulation in the Philippines.

            The fact that the law is already published in the Official Gazette makes the publication in http://www.gov.ph valid and binding under E.O. No. 200.  It is of course in a different view if there was a publication made in their official website when no law has yet been published in the official gazette which makes it invalid and does not follow the provisions provided for in E.O. No. 200.   It was also made clear under the provision of Republic Act No. 8792 (Electronic Commerce Act) Section 7 on Legal Recognition of Electronic Documents.  Electronic documents shall have the legal effect, validity or enforceability as any other document or legal writing and for evidentiary purposes an electronic document shall be the functional equivalent of a written document under existing laws.