Pesigan vs.

Angeles, 129 SCRA 174 (1984)

Facts:

On April 2. 1982, petitioners Anselmo and Marcelo Pesigan, travelled twenty-

six (26) carabaos and a calf from Camarines Norte with Batangas as its
destination. They were provided with health certificates from the provincial
veterinarian and three (3) other permits attesting that the cattle was not
part of lose, stolen or questionable animals: 1) a health certificate from the
provincial veterinarian, (2) permit to transfer/transport from the provincial
commander; and (3) three certificates of inspections.
Despite this, the said cattle was confiscated by respondents Zenarosa and
Miranda, who were respectively the police station commander and provincial
veterianarian of Basud, Camarines Norte. The confiscation was on the basis of
said EO 626-A which was dated October 25, 1980 but was published in
theOfficial Gazette on June 14, 1982.
Executive Order 626-A provides, "that henceforth, no carabao, regardless of
age, sex, physical condition or purpose and no carabeef shall be transported
from one province to another. The carabaos or carabeef transported in
violation of this Executive Order as amended shall be subject to confiscation
and forfeiture by the government to be distributed ... to deserving farmers
through dispersal as the Director of Animal Industry may see fit, in the case
of carabaos".
The Pesigans filed an action for replevin against herein respondents for the
recovery of the subject cattle but this could not be executed by the sheriff.
Subsequently, the judge dismissed the case for lack of cause of action. Hence,
the petitioners filed an appeal to the Supreme Court under Rule 45 of the
Rules of Court.

Issue:

Whether or not EO No. 626-A, providing for the confiscation and forfeiture by
the government of carabaos transported from one province to another, dated
October 25, 1980 is enforceable before publication in the Official Gazette on
June 14, 1982.

Held:

No.
The said order is not enforceable against the Pesigans on April 2. 1982
because it is a penal regulation published more than two months later in the
Official Gazette. It became effective only fifteen days thereafter as provided
in Article 2 of the Civil Code and Sec-11 of the Revised Administrative Code.

The word laws in Article 2 includes circulars and regulations which

prescribe penalties. Publication is necessary to apprise the public of the
contents of the regulations and make the said penalties binding on the persons
affected thereby.