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Consti-2 Case Digest #8 - Executive Department

1) Petitioners transported carabaos from one province to another based on permits and health certificates, but the carabaos were confiscated under EO 626-A which prohibited such transport. 2) EO 626-A was not published in the Official Gazette until over two months after the confiscation. 3) The court ruled that EO 626-A could not be enforced against the petitioners prior to its publication, as penal regulations must be published before penalties can be imposed.

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40 views1 page

Consti-2 Case Digest #8 - Executive Department

1) Petitioners transported carabaos from one province to another based on permits and health certificates, but the carabaos were confiscated under EO 626-A which prohibited such transport. 2) EO 626-A was not published in the Official Gazette until over two months after the confiscation. 3) The court ruled that EO 626-A could not be enforced against the petitioners prior to its publication, as penal regulations must be published before penalties can be imposed.

Uploaded by

Leopoldo, Jr. Blanco
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(Consti-2 Case Digest #8 – Executive Department)

PESIGAN vs. ANGELES


G.R. No. L-64279
April 30, 1984

FACTS:

Petitioners Anselmo and Marcelino Pesigan, carabao dealers, transported in a 10-wheeler truck in April 1982, 26
carabaos and a calf, from Camarines Sur to Batangas. Despite the health certificate, permit to transport, and certificate
of inspection issued to them by the provincial veterinarian, provincial commander and constabulary command,
respectively, while petitioners were negotiating the town of Basud, Camarines Norte, the carabaos were confiscated by
private respondents, Police Station Commander Lt. Zanarosa, and provincial veterinarian Dr. Miranda. The
confiscation was based on Executive Order 626-A which prohibited the transport of carabaos from one province to
another. Pursuant to EO 626-A, Dr Miranda distributed the carabaos to 25 farmers of Basud. Petitioners filed for
recovery of the carabaos and damages, against private respondent Judge Angeles who heard the case in Daet and later
transferred to Caloocan City, and dismissed the case for lack of cause of action.

ISSUE:

Whether or not EO 626-A be enforced before its publication in the Official Gazette.

RULING:

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. It became effective
only fifteen days thereafter as provided in article 2 of the Civil Code and section 11 of the Revised Administrative Code.

The word "laws" in article 2 (article 1 of the old Civil Code) 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.

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