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Requiring the Publication of Laws in the Official Gazette, Newspaper and Official Online Platforms

SBN-1919 · 20th Congress · verbatim text↗ Official Senate PDF

Ofee of the erector TWENTIETH CONGRESS OF THE REPUBLIC OF THE PHILIPPINES ) First Regular Session ) MAR -2 P3:38 RECEIVED BY: SENATE S. No. 1919 Introduced by Senator Robinhood Padilla AN ACT AMENDING ARTICLE 2 OF REPUBLIC ACT NO. 386, OTHERWISE KNOWN AS THE CIVIL CODE OF THE PHILIPPINES, AND SECTION 18 OF EXECUTIVE ORDER NO. 292, OTHERWISE KNOWN AS THE ADMINISTRATIVE CODE OF 1987, TO REQUIRE THE PUBLICATION OF LAWS IN PRINT THROUGH THE OFFICIAL GAZETTE OR IN A NEWSPAPER OF GENERAL CIRCULATION, AND ONLINE THROUGH OFFICIAL GOVERNMENT WEBSITES OR PLATFORMS, AS A CONDITION FOR THEIR EFFECTIVITY EXPLANATORY NOTE Article 2 of Republic Act No. 386, otherwise known as the Civil Code of the Philippines and Section 18 of Executive Order No. 292, otherwise known as the Administrative Code of 1987 currently provides that laws shall take effect after publication in the Official Gazette or in a newspaper of general circulation. While this requirement has long served as the basis for notifying the public of newly enacted laws, the evolving landscape of information dissemination calls for an update to ensure greater accessibility, transparency, and legal certainty. The rise of digital platforms and the increasing reliance of the public on online sources for official information necessitate the inclusion of online publication as a mandatory component of law promulgation. By requiring laws to be published both in print and online through official government websites, this measure aims to enhance

accessibility, allowing all citizens to access laws without geographic or physical barriers; strengthen transparency, by making laws readily available in an official and reliable format; and ensure enforceability, clarifying that laws are not legally binding until published in all prescribed media. This proposed amendment retains the existing 15-day period before laws take effect but adds online publication as an additional requirement, alongside print publication. It is consistent with international best practices in legal publication and ensures that the public, legal practitioners, and government agencies have a definitive and authoritative reference for all new laws. In view of the foregoing, the immediate passage of this bill is earnestly sought. ROBINHOOD PADILLLA Senator

Offier of the Sou diny TWENTIETH CONGRESS OF THE REPUBLIC OF THE PHILIPPINES First Regular Session ) MAR -2 P3:38 RECEIVED BY: SENATE S. No. 1919 Introduced by Senator Robinhood Padilla AN ACT AMENDING ARTICLE 2 OF REPUBLIC ACT NO. 386, OTHERWISE KNOWN AS THE CIVIL CODE OF THE PHILIPPINES, AND SECTION 18 OF EXECUTIVE ORDER NO. 292, OTHERWISE KNOWN AS THE ADMINISTRATIVE CODE OF 1987, TO REQUIRE THE PUBLICATION OF LAWS IN PRINT THROUGH THE OFFICIAL GAZETTE OR IN A NEWSPAPER OF GENERAL CIRCULATION, AND ONLINE THROUGH OFFICIAL GOVERNMENT WEBSITES OR PLATFORMS, AS A CONDITION 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

2 Code of the Philippines, is hereby amended to read as follows: "ART. 2. - Laws shall take effect fifteen (15) days after their complete publication in the Official Gazette or in a newspaper of general circulation in the Philippines, AND ONLINE THROUGH OFFICIAL GOVERNMENT WEBSITES OR PLATFORMS, UNLESS OTHERWISE PROVIDED. PUBLICATION OF LAWS IN ALL THE AFOREMENTIONED MEDIA SHALL BE A REQUIREMENT FOR THEIR EFFECTIVITY. LAWS NOT PUBLISHED AS PRESCRIBED

HEREIN SHALL NOT BE ENFORCEABLE UNTIL SUCH PUBLICATION HAS BEEN DULY MADE." "Xxx

SEC. 2. - Section 18, Chapter 5, Book I of Executive Order No. 292, otherwise

5 known as the Administrative Code of 1987, is hereby amended to read as follows: "Section 18. When Laws Take Effect. - Laws shall take effect fifteen (15) days after the completion of their publication in the Official Gazette, in a newspaper of general circulation, AND ONLINE THROUGH OFFICIAL GOVERNMENT WEBSITES OR PLATFORMS, UNLESS OTHERWISE PROVIDED. PUBLICATION IN ALL THE FOREGOING MEDIA SHALL BE REQUIRED FOR THEIR EFFECTIVITY. LAWS NOT PUBLISHED AS PRESCRIBED HEREIN SHALL NOT BE ENFORCEABLE UNTIL SUCH PUBLICATION HAS BEEN DULY MADE."

SEC. 3. Implementing Rules and Regulations. - The Presidential

16 Communications Office (PCO) under the Office of the President of the Philippines, in 17 coordination with the Official Gazette, recognized newspapers of general circulation, and other relevant stakeholders and agencies of the government shall promulgate the necessary rules and regulations to implement the provisions of this Act effectively 20 within ninety (90) days from its effectivity.

SEC. 4. Separability Clause. - If any provision of this Act is declared

22 unconstitutional, the remainder hereof not otherwise affected shall remain in full force 23 and effect.

SEC. 5. Repealing Clause. - All other laws, presidential decrees, executive

25 orders, letters of instruction, proclamations, administrative orders, rules or regulations that are inconsistent with this Act are hereby repealed, amended, or modified 27 accordingly.

SEC. 6. Effectivity Clause. - This Act shall take effect after fifteen (15) days

2 following its publication in the Official Gazette or in a newspaper of general circulation. Approved,

Text extracted from the scanned Senate document via OCR — it may contain recognition errors. The official PDF is the authoritative version.