Case Name 6. Pesigan vs.

Angeles

Topic Preliminary Chapters/Conflict of Laws

Case No. l Date G.R. No. L-64279 │April 30, 1984

Ponente AQUINO, J.

Doctrine Article II of the Civil Code of the Philippines: Laws shall take effect after fifteen days
following the completion of their publication in the Official Gazette, or in a
newspaper of general circulation in the Philippines, unless it is otherwise provided.
(As amended by E.O. 200)

RELEVANT FACTS

 April 2, 1982: Anselmo Pesigan and Marcelo Pesigan were transporting 26 carabaos
and a calf in the evening from Camarines Sur to Batangas.

 However, despite of securing pertinent certificates, the carabaos and calf were
confiscated by the provincial veterinarian and town’s police station commander,
pursuant to Executive Order 626-A which prohibits transportation of carabaos and
carabeef from one province to another.

 The Executive Order was only published more than two months later in the Official
Gazette dated June 14, 1982.

ISSUE W/N Executive Order 626-A is enforceable against the Pesigans before publication in
Official Gazette.

RULING NO. The Court ruled that said Executive Order should not be enforced against the
Pesigans, since it is a penal regulation published more than two months later in the
Official Gazette dated June 14, 1982.

It became effective only fifteen days thereafter as provided in Article II of the Civil
Code and section 11 of the Revised Administrative Code.

RULING

The Court reversed the trial court’s order of confiscation and dispersal of the carabaos. Respondents
Miranda and Zenarosa are ordered to RESTORE the carabaos to petitioners.

Blessie Marie Cawaling