Publication Requirement: Handwritten Amendments to Presidential Proclamations

The Supreme Court has clarified a fundamental rule in Philippine administrative law: any amendment to a presidential proclamation—even one handwritten and signed by the President himself—has no legal force and effect unless it is published in the Official Gazette. This principle, laid down in Nagkakaisang Maralita ng Sitio Masigasig, Inc. v. Military Shrine Services – Philippine Veterans Affairs Office (G.R. No. 187587, June 5, 2013), underscores the indispensable role of publication in giving effect to laws and official issuances.

The Facts of the Case

The controversy began with Proclamation No. 423, issued in 1957, which reserved parcels of land in Pasig, Taguig, Parañaque, and Pasay City for a military reservation known as Fort Bonifacio. In 1967, Proclamation No. 208 excluded a portion of the fort to establish the Libingan ng mga Bayani (Heroes' Cemetery).

On January 7, 1986, President Ferdinand Marcos issued Proclamation No. 2476, which further amended Proclamation No. 423 by excluding barangays Lower Bicutan, Upper Bicutan, and Signal Village from the military reservation and declaring them open for disposition under Republic Act Nos. 274 and 730. At the bottom of the proclamation, President Marcos made a handwritten addendum indicating that Western Bicutan was included in the coverage.

However, when Proclamation No. 2476 was published in the Official Gazette on February 3, 1986, the handwritten addendum was not included. Years later, in 1987, President Corazon Aquino issued Proclamation No. 172, which reiterated Proclamation No. 2476 as published but excluded only Lots 1 and 2 of Western Bicutan.

Informal settlers in Western Bicutan, represented by the petitioners, sought to have their occupied lots declared alienable and disposable based on the handwritten addendum. They argued that President Marcos intended to include all of Western Bicutan in the reclassification.

The Issue

The central question was whether the handwritten addendum to Proclamation No. 2476, which was not published in the Official Gazette, had the force and effect of law.

The Court's Ruling

The Supreme Court denied the petitions, affirming the Court of Appeals' decision. The Court held that the handwritten addendum, not being part of the published proclamation, never acquired legal effect.

Publication is indispensable. Citing Article 2 of the Civil Code, the Court reiterated that laws take effect only after their publication in the Official Gazette. The Court quoted its landmark ruling in Tañada v. Tuvera (230 Phil. 528 [1986]), which established that publication is indispensable in every case. The purpose of publication is to inform the public of the contents of laws—denying the public this knowledge would offend due process.

Publication must be in full. The Court emphasized that "the publication must be in full or it is no publication at all." A mere mention of a decree's number or title cannot satisfy the publication requirement. In this case, the handwritten addendum was simply absent from the published version.

Courts cannot supply omissions. The Court noted that under Section 24, Chapter 6, Book I of the Administrative Code, publication in the Official Gazette is prima facie evidence of a document's authority. Courts may not speculate as to the probable intent of the legislature apart from the words appearing in the law. As the Court stated, citing Pagpalain Haulers, Inc. v. Trajano (369 Phil. 617 [1999]), courts exist for interpreting the law, not for enacting it. To rule that the addendum was part of the proclamation would be to engage in legislation, not interpretation.

Practical Takeaways

• Publication is a condition for effectivity. Any presidential proclamation, decree, or executive order must be published in the Official Gazette before it can take effect. An unpublished provision, no matter how clearly intended, is legally ineffective.
• Handwritten notes are not law. A handwritten notation on a signed document, even by the President, does not become part of the law unless it appears in the official published version.
• The published text controls. When a conflict arises between what was intended and what was published, the published text governs. Courts will not look beyond the words appearing in the law.
• Remedies lie with the legislature, not the courts. If a proclamation fails to include an intended area or provision, the remedy is to seek a new proclamation or legislation—not to ask courts to supply the omission.
• Due process requires notice. The publication requirement protects the public's right to know the laws that govern them. This principle applies to all laws, including those of local application and private laws.

This article is general information and not legal advice. For your specific situation, consult a lawyer or ask ASG Legal AI.