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Pesigan V Angeles Case Digest

The Supreme Court ruled that Presidential Executive Order No. 626-A, which provided for the confiscation and forfeiture of carabaos transported between provinces, could not be enforced against two carabao dealers before it was published in the Official Gazette. The executive order was a penal regulation, and due process requires penal statutes and regulations to be published to inform the public before penalties can be imposed. As the executive order was only published over two months after the carabaos were confiscated, it could not be applied retroactively to the carabao dealers in this case.

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184 views1 page

Pesigan V Angeles Case Digest

The Supreme Court ruled that Presidential Executive Order No. 626-A, which provided for the confiscation and forfeiture of carabaos transported between provinces, could not be enforced against two carabao dealers before it was published in the Official Gazette. The executive order was a penal regulation, and due process requires penal statutes and regulations to be published to inform the public before penalties can be imposed. As the executive order was only published over two months after the carabaos were confiscated, it could not be applied retroactively to the carabao dealers in this case.

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abby
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G.R. No. L-64279 April 30, 1984 That ruling applies to a violation of Executive Order No.

That ruling applies to a violation of Executive Order No. 626-A because its confiscation and
forfeiture provision or sanction makes it a penal statute. Justice and fairness dictate that the
public must be informed of that provision by means of publication in the Gazette before violators
ANSELMO L. PESIGAN and MARCELINO L. PESIGAN, petitioners,
of the executive order can be bound thereby.
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 Indeed, the practice has always been to publish executive orders in the Gazette. Section 551 of
ORIÑO, Daet Branch 40; DRA. BELLA S. MIRANDA, ARNULFO V. ZENAROSA, ET AL., the Revised Administrative Code provides that even bureau "regulations and orders shall
respondents. become effective only when approved by the Department Head and published in the Official
Gazette or otherwise publicly promulgated".
AQUINO, J.:
In the instant case, the livestock inspector and the provincial veterinarian of Camarines Norte
and the head of the Public Affairs Office of the Ministry of Agriculture were unaware of Executive
Order No. 626-A. The Pesigans could not have been expected to be cognizant of such an
executive order.
FACTS:

Anselmo L. Pesigan and Marcelo L. Pesigan, carabao dealers, transported in the evening of
April 2, 1982 twenty-six carabaos and a calf from Sipocot, Camarines Sur to Padre Garcia,
Batangas. With them are: a health certificate from the provincial veterinarian, a permit to
transport large cattle, and three certificates of inspection – one from the Constabulary command,
one from the Bureau of Animal Industry and one from the mayor of Sipocot.

In spite of the permit to transport and the said four certificates, the carabaos, while passing at
Basud, Camarines Norte, were confiscated by Lieutenant Arnulfo V. Zenarosa, the town's police
station commander, and by Doctor Bella S. Miranda, provincial veterinarian. The confiscation
was based on the Executive Order No. 626-A which 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."

ISSUE:

Whether or not Presidential Executive Order No. 626-A, which provides for the confiscation and
forfeiture by the government of carabaos transported from one province to another, may be
enforced before publication in the Official Gazette.

RULING:

No. The Supreme Court held that 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. 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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