ANSELMO L. PESIGAN and MARCELINO L. PESIGAN, petitioners, vs.

JUDGE DOMINGO
MEDINA ANGELES, Regional Trial Court, Caloocan City Branch 129, acting for REGIONAL TRIAL
COURT of Camarines Norte, now presided over by JUDGE NICANOR ORIÑO, Daet Branch 40; DRA.
BELLA S. MIRANDA, ARNULFO V. ZENAROSA, ET AL., respondents.
G.R. No. L-64279
April 30, 1984
AQUINO, J.:

NATURE OF ACTION: petition for action for replevin

FACTS:
Anselmo and Marcelo transported 26 carabaos on a truck (Sipocot, Camarines Sur - Padre Garcia,
Batangas). They were provided with:
- a health certificate
- a permit to transport
- three certificates of inspection
Despite the necessary certificates and permits, the carabaos were confiscated in Basud, CamNor by Lt.
Zenarosa (police station commander) and Dr. Miranda (provincial veterinarian). The carabaos were distributed
to farmers. The petitioners filed for an action but was dismissed due to lack of cause of action (RTC - SC)
ISSUE: won EO 626-A (confiscation/forfeiture by government of carabaos transported from one province to
another) is enforceable at the time of confiscation
HELD: petition granted; RTC's dismissal and confiscation are reversed and set aside
RATIO:
The said executive order should not be enforced against the Pesigans on April 2, 1982 because, as
already noted, it is a penal regulation published more than two months later in the Official Gazette dated June
14, 1982. Publication is necessary to apprise the public of the contents of the regulations and make the said
penalties binding on the persons affected thereby. Justice and fairness dictate that the public must be informed
of that provision by means of publication in the Gazette before violators of the executive order can be bound
thereby.