Many legal practitioners have a knowledge of what is an Official Gazette and what it is for, but few are likely to have seen or held a hard copy of the publication. That was years back, as the Official Gazette is now available online at www.gov.ph. The administration of President Benigno Simeon C. Aquino III, through its Communication Group launches a beta version of the site. As of now, it features President's Speeches, Executive & Departmental Issuances, Historical Papers & Documents, Legal & Official Notices, as well as links to different government agencies' websites.
In 1941, Commonwealth Act No. 638 created the Official Gazette and Section 1 provides for its contents:
There shall be published in the Official Gazette (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 deemed by said courts of sufficient importance to be 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: Provided, That for the purpose of this section every. order or document which shall prescribe a penalty shall be deemed to have general applicability and legal effect: And provided, further, That the term "document" as used in this section shall include any order, regulation, rule, certificate, license, notice, or similar instrument issued, prescribed, or promulgated by any executive department, bureau, office, commission, independent board, agency, or instrumentality of the administrative branch of the Government but not the legislative or judicial branch of the Government.
While Article 2 of Republic Act No. 386, the New Civil Code of the Philippines provides that "Laws shall take effect after fifteen days following the completion of their publication in the Official Gazette, unless it is otherwise provided...", a requirement which the Supreme Court reiterated in the case of Tanada vs. Tuvera (1986). However, in June 1987, during the transition government of President Corazon C. Aquino, exercising her then legislative power, amended Article 2 of the Civil Code through Executive Order No. 200, which provides that laws to be effective must be published either in the Official Gazette or in a newspaper of general circulation in the country. It shall take effect fifteen (15) days from the time it was published in the Official Gazette or the newspaper of general circulation.
The question now is Whether or not the publication in the Official Gazette Online at www.gov.ph is a substantial compliance with publication in abovestated laws relating it to R.A. No. 8792 also known as E-Commerce Act of 2000?
No,there must be a law amending either Article 2 of the Civil Code or Commonwealth Act No. 638 so that publication in the Official Gazette online can be considered as substantial compliance with the requirement and that the date of the publication of laws in the same, would count as the reckoning point of the fifteen (15) day period. In the absence of such amendatory law, the claim that the publication in the Official Gazette online has met the requirement of law is inoperative.
Furthermore, the contention that R.A. No. 8792 or the E-Commerce Act of 2000 validated such online publication is null and void. Under this act, an electronic data message or an electronic document has the functional equivalent of a written document only for evidentiary purposes. The law merely recognizes the admissibility of electronic data messages and/or electronic documents as evidence. It does not make the internet a medium for publishing laws, rules and regulations.
Therefore, until there is an amendatory legislation passed by the Congress of the Philippines, the prudential measure remains to continue publishing laws on newspapers of general circulation and its effectivity reckon from the date of newspaper publication.
Disclaimer: Please note that any views or opinions presented in this work are solely those of the author and do not necessarily represent anyone. This work is intended as a legal opinion for the satisfaction of the requirements in the subject Technology and the Law.
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