Biyernes, Disyembre 9, 2011

Official Gazette goes on-line

The print version of the Gazette contains matters of public interest, including newly-enacted laws and generally applicable executive and administrative orders. 

"We're looking to collate all government issuances under one executive site," said Manolo Quezon III, a member of the President's communications team. "Why reinvent the wheel when we've already had (the Gazette) since time immemorial?" he added.

According to Article 2 of the Civil Code of the Philippines, "Laws shall take effect after fifteen days following the completion of their publication in the Official Gazette".WHAT IS THE OFFICIAL GAZETTE?
Established under Commonwealth Act No. 638 of 1901, the Official Gazette is mandated to publish:

"(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 be deemed by said courts of sufficient importance to be so 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".
However, the Gazette takes time to compile and publish, has a limited print run, and is only available on a subscription basis.

Moreover, in the case of TaƱada v. Tuviera in 1986, the Gazette was criticized for its "erratic release and limited readership." Although the Court eventually upheld the Civil Code in its decision on the case, then-president Corazon Aquino later issued Executive Order No. 200 of 1987 to ammend the Code such that "Laws shall take effect after fifteen days following the completion of their publication either in the Official Gazette or in a newspaper of general circulation in the Philippines".

Because the electronic edition of the Gazette can be updated much faster than traditional print media, some observers have wondered whether the provisions of the Civil Code are applicable to the online edition.

"There is now the possibility with the new online presence of the Official Gazette that the 15-day period might be counted from the time the laws or issuances are posted online at www.gov.ph," said Oli Reyes on the Law Innovations (Philippines) blog.

However, Quezon said that the print version of the Gazette still takes precedence over its electronic counterpart. "The online version doesn't supplant the paper version, which is what the law and jurisprudence required. So the Official Gazette online is updated daily, then the weekly edition is printed," he explained.





Walang komento:

Mag-post ng isang Komento