NAGKAKAISANG MARALITA NG SITIO MASIGASIG, INC., VS. MILITARY SHRINE SERVICES – PHILIPPINE VETERANS AFFAIRS OFFICE, DEPARTMENT OF NATIONAL DEFENSE.

Ruling

Accordingly, even the charter of a city must be published notwithstanding that it applies to only a portion of the national territory and directly affects only the inhabitants of that place. All presidential decrees must be published, including even, say, those naming a public place after a favored individual or exempting him from certain prohibitions or requirements. The circulars issued by the Monetary Board must be published if they are meant not merely to interpret but to "fill in the details" of the Central Bank Act which that body is supposed to enforce. x x x x We agree that the publication must be in full or it is no publication at all since its purpose is to inform the public of the contents of the laws. As correctly pointed out by the petitioners, the mere mention of the number of the presidential decree, the title of such decree, its whereabouts (e.g., "with Secretary Tuvera"), the supposed date of effectivity, and in a mere supplement of the Official Gazette cannot satisfy the publication requirement. This is not even substantial compliance. This was the manner, incidentally, in which the General Appropriations Act for FY 1975, a presidential decree undeniably of general applicability and interest, was "published" by the Marcos administration. The evident purpose was to withhold rather than disclose information on this vital law. x x x x Laws must come out in the open in the clear light of the sun instead of skulking in the shadows with their dark, deep secrets. Mysterious pronouncements and rumored rules cannot be recognized as binding unless their existence and contents are confirmed by a valid publication intended to make full disclosure and give proper notice to the people. The furtive law is like a scabbarded saber that cannot feint, parry or cut unless the naked blade is drawn. (Emphases supplied) Applying the foregoing ruling to the instant case, this Court cannot rely on a handwritten note that was not part of Proclamation No. 2476 as published. Without publication, the note never had any legal force and effect. Furthermore, under Section 24, Chapter 6, Book I of the Administrative Code, [t]he publication of any law, resolution or other official documents in the Official Gazette shall be prima facie evidence of its authority. Thus, whether or not President Marcos intended to include Western Bicutan is not only irrelevant but speculative. Simply put, the courts may not speculate as to the probable intent of the legislature apart from the words appearing in the law. [17] This Court cannot rule that a word appears in the law when, evidently, there is none. In Pagpalain Haulers, Inc. v. Hon. Trajano, [18] we ruled that [u]nder Article 8 of the Civil Code, [j]udicial decisions applying or interpreting the laws or the Constitution shall form a part of the legal system of the Philippines. This does not mean, however, that courts can create law. The courts exist for interpreting the law, not for enacting it. To allow otherwise wo