Scribd
Upload
26 views1 page

Penal Regulation Published More Than Two Months Later in The Official Gazette Dated June 14, 1982. It Became

Petitioners Anselmo and Marcelino Pesigan transported 26 carabaos and a calf from Camarines Sur to Batangas in April 1982 with the proper health certificates and permits. However, while in Basud, Camarines Norte, the carabaos were confiscated based on Executive Order 626-A which prohibited transporting carabaos between provinces, despite the order not being published in the Official Gazette yet. The Supreme Court ruled that the executive order could not be enforced against the Pesigans since it was not published until June 1982, over two months after the confiscation. Laws and regulations with penalties must be published to notify the public before they can be enforced.

Uploaded by

ron dominic dagum
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as DOCX, PDF, TXT or read online on Scribd
26 views1 page

Penal Regulation Published More Than Two Months Later in The Official Gazette Dated June 14, 1982. It Became

Petitioners Anselmo and Marcelino Pesigan transported 26 carabaos and a calf from Camarines Sur to Batangas in April 1982 with the proper health certificates and permits. However, while in Basud, Camarines Norte, the carabaos were confiscated based on Executive Order 626-A which prohibited transporting carabaos between provinces, despite the order not being published in the Official Gazette yet. The Supreme Court ruled that the executive order could not be enforced against the Pesigans since it was not published until June 1982, over two months after the confiscation. Laws and regulations with penalties must be published to notify the public before they can be enforced.

Uploaded by

ron dominic dagum
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as DOCX, PDF, TXT or read online on Scribd
You are on page 1/ 1

PESIGAN vs ANGELES

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. 

HELD:

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.

You might also like

pFad - Phonifier reborn

Pfad - The Proxy pFad of © 2024 Garber Painting. All rights reserved.

Note: This service is not intended for secure transactions such as banking, social media, email, or purchasing. Use at your own risk. We assume no liability whatsoever for broken pages.


Alternative Proxies:

Alternative Proxy

pFad Proxy

pFad v3 Proxy

pFad v4 Proxy