PEOPLE VS QUE PO LAY

FACTS:
(1) The appellant was in possession of foreign exchange consisting of
US dollars, US checks and US mone orders amo!nting to a"o!t #$%%%
"!t failed to sell the same to the Central &ank as re'!ired !nder
Circ!lar (o) *%)
(*) Circ!lar (o) *% was iss!ed in the ear 1+,+ "!t was p!"lished in
the -.cial /a0ette onl on (o1) 1+21 after the act or omission
imp!ted to 3!e 4o 5a)
(6) 3!e 4o 5a appealed from the decision of the lower co!rt 7nding
him g!ilt with Section 6, of 8A (- *92 sentencing him to s!:er 9
months imprisonment, pa a 7ne of 41, %%% with s!"sidiar
imprisonment in case of insol1enc and pa the costs)
;SSU<: =hether or not the p!"lication of Circ!lar (o) *% in the -.cial
/a0ette is needed for it to "ecome e:ecti1e
><5?: ;t was held " the S!preme Co!rt, in en "anc decision, that as
a r!le, circ!lar and reg!lations of the Central &ank in '!estion
prescri"ing a penalt for its 1iolation sho!ld "e p!"lished "efore
"ecoming e:ecti1e) This is "ased on the theor that "efore the p!"lic
is "o!nd " its contents especiall its penal pro1isions, a law,
reg!lation or circ!lar m!st 7rst "e p!"lished for the people to "e
o.ciall and speci7call informed of s!ch contents incl!ding its
penalties)
Th!s, the S!preme Co!rt re1ersed the decision appealed from and
ac'!it the appellant with costs de o7cio
TANADA VS TUVERA
FACTS:
(1) ;n1oking the people@s right to "e informed on matters of p!"lic
concern as well as the principle that laws to "e 1alid and enforcea"le
m!st "e p!"lished in the -.cial /a0ette or otherwise e:ecti1el
prom!lgated, petitioners seek a writ of mandam!s to compel
respondent p!"lic o.cials to p!"lish, andAor ca!se the p!"lication in
the -.cial /a0ette of 1ario!s presidential decrees, letters of
instr!ctions, general orders, proclamations, exec!ti1e orders, letter of
implementation and administrati1e orders)
(*) The respondents, thro!gh the Solicitor /eneral, wo!ld ha1e this
case dismissed o!tright on the gro!nd that petitioners ha1e no legal
personalit or standing to "ring the instant petition, a"sence of an
showing that petitioners are personall and directl a:ected or
preB!diced " the alleged nonCp!"lication of the presidential iss!ances
in '!estion said petitioners are witho!t the re'!isite legal personalit
to instit!te this mandam!s proceeding, the are not "eing Daggrie1ed
parties)D
(6) 4etitioners maintain that since the s!"Bect of the petition concerns
a p!"lic right and its o"Bect is to compel the performance of a p!"lic
d!t, the need not show an speci7c interest for their petition to "e
gi1en d!e co!rse)
(,) 8espondents f!rther contend that p!"lication in the -.cial
/a0ette is not a sine qua non re'!irement for the e:ecti1it of laws
where the laws themsel1es pro1ide for their own e:ecti1it dates) ;t is
th!s s!"mitted that since the presidential iss!ances in '!estion
contain special pro1isions as to the date the are to take e:ectE
p!"lication in the -.cial /a0ette is not indispensa"le for their
e:ecti1it)
;SSU<: =hether or not the p!"lication of 4residential ;ss!ances in the
-.cial /a0ette is indispensa"le
><5?: The Co!rt here" orders the respondents to p!"lish in the
-.cial /a0ette all !np!"lished 4residential ;ss!ances which are of
general application and !nless so p!"lished, the shall ha1e no "inding
e:ect
LA BUGAL BLAAN TRIBAL ASSOCIATION INC. VS RAMOS
FACTS:
(1) 4etitioners assails the constit!tionalit of the 8A (o) $+* (4hil)
Fining Act of 1++2) along with its ;mplementing r!les and reg!lations,
?<(8 Administrati1e order +9C,% and the Financial and technical
assistance agreement (FTAA) entered into on Farch 6%,1++2, " the
8ep!"lic of the 4hilippines and Western Fining Corporation 4hilippines,
;nc) (WFC4), a corporation organi0ed !nder 4hilippine laws)
(*) -n G!l *2, 1+H$, two das "efore the opening of congress, 4res)
Cor A'!ino iss!ed <- *$+, a!thori0ing the ?<(8 secretar to accept,
consider and e1al!ate proposals from foreignCowned corporations or
foreign in1estors for contracts or agreements in1ol1ing either technical
or 7nancial assistance for largeCscale explorations, de1elopment, and
!tili0ation of materials, which !pon appropriate recommendation of the
Secretar, the 4resident ma exec!te with the foreign proponent)
Sec)H of the <- states that the same shall take e:ect immediatel) &
s!ch a!thorit the s!"Bect WFC4 FTAA was exec!ted on Farch 6%,
1++2)
(6) -n Farch 6, 1++2, Fidel I) 8amos appro1ed 8A (o) $+,*, to go1ern
the exploration, de1elopment, !tili0ation and processing of all mineral
reso!rces) 6% das following its p!"lication on Farch 1%,1++2 in
Falaa and Fanila times, or on April +, 1++2, 8A (o) $+,* took e:ect)
(,) &efore the e:ecti1it of 8A (o) $+,*, or on Farch 6%, 1++2 the
4resident entered into an FTAA with WFC4 co1ering ++,6H$ hectares of
land in (orth and So!th Cota"ato, S!ltan J!darat, ?a1ao ?el S!r)
(2) -n A!g!st 12, 1+2, ?<(8 Secretar, Iictor 8amos iss!ed ?<(8
Administrati1e -rder +2C*6, s)1++2 known as ;mplementing 8!les and
8eg!lations of 8A (o) $+,* and later repealed " ?A- +9C,%
(9) S!"se'!entl WFC4 sold all its shares to Sagittari!s mines, ;nc, a
Filipino corporation) & 1irt!e of s!ch, ?<(8 appro1ed the transfer and
registration of the s!"Bect FTAA from WFC4 to Sagittari!s)
;SSU<: =hether or not <- *$+ "ecame e:ecti1e
>eld: The Co!rts holds that <- *$+ "ecame e:ecti1e immediatel
!pon its p!"lication in the -.cial /a0ette on A!g!st 6, 1+H$
UMALI VS ESTANISLAO
FACTS:
Congress enacted 8A $19$ entitled, KAn act adB!sting the "asic
personal and additional exemptions allowa"le to indi1id!als for income
tax p!rposes to the po1ert threshold le1el, amending for the p!rpose
Sec)*+ of the (;8C)L The said act was signed and appro1ed " the
4resident on ?ec)1+, 1++1 and p!"lished on Gan)1,, 1++* in Falaa, a
newspaper of general circ!lation)
Sec)6 of the said act states: This act shall take effect !pon its
appro1al, while Sec)2 states: These reg!lations shall take e:ect on
compensation income from Gan!ar 1, 1++*)
;SSU<S: (1) =hether or not 8ep) Act $19$ took e:ect !pon its appro1al
" the 4resident on 1+ ?ecem"er 1++1, or on 6% Gan!ar 1++*,
i)e), after 7fteen (12) das following its p!"lication on 1, Gan!ar 1++*
in the DFalaaD a newspaper of general circ!lationE and
(*) Ass!ming that 8ep) Act $19$ took e:ect on 6% Gan!ar 1++*,
whether or not the said law nonetheless co1ers or applies to
compensation income earned or recei1ed d!ring calendar ear 1++1)
><5?: (1) The Co!rt r!les that 8ep) Act $19$ took e:ect on 6% Gan!ar
1++*, which is after 7fteen (12) das following its p!"lication on 1,
Gan!ar 1++* in the DFalaa)D
(*) The Co!rt is of the considered 1iew that 8ep) Act $19$ sho!ld co1er
or extend to compensation income earned or recei1ed d!ring calendar
ear 1++1)