Nagkakaisang Maralita ng Sitio Masigasig, Inc. v Military Shrine Services-Philippine Veterans Affairs Office, Dept. of National Defense [G.R. 187587 June 5, 2013]

Constitutional Law II - Right to Information

Facts:

President Carlos P. Garcia, through Proclamation No. 423, reserved parcels of land in Municipalities of Pasig, Taguig, Parañaque, Rizal, and Pasay for military reservation known as Fort Bonifacio. Later on, President Marcos issued Proclamation No. 208 and 2476 (amending Proclamation No. 243) which provided for the exclusions of areas for military reservation such as Lower Bicutan, Upper Bicutan, and Signal Village. Moreover, President Marcos inserted “P.S. includes Western Bicutan” at the very end and did not include such portion in the publication of said amending Proclamation.

Contention arose in this case as to the Petitioners herein case and the Western Bicutan Lot Owners Association, Inc (WBLOAI) stating that their lots, falling within Western Bicutan, is already excluded from the military reservation (and so it is no longer a public land) as per President Marcos’ Proclamations. They used the “P.S. includes Western Bicutan” as their basis.

 

Issue:

Whether or not the addendum of President Marcos, “P.S includes Western Bicutan”, in his Proclamation has the force and effect of law when it was not included in the publication

 

Ruling:

No.

The Court ruled that the exclusion of said addendum does not have the force and effect of law as it was not included in the publication of the Proclamation. Although the Proclamation was published, the addendum of Pres. Marcos was not included in such publication. And so the force and effect of such published Proclamation is only as to the contents of what was published in the Proclamation. As such, the petitioners’ contention, it being anchored on the addendum of Pres. Marcos, does not hold water. Therefore, the petitioners cannot argue that their lots were excluded as such exclusion was not included in the publication of the Proclamation in which they anchor their contention on.

It is a well-settled rule that laws must be published as expressly provided in Art. 2 of the Civil Code.


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