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10 - Pesigan vs. Angeles

The Supreme Court ruled that Presidential Executive Order No. 626-A, which mandates the confiscation of carabaos transported between provinces, could not be enforced against the Pesigans as it had not been published in the Official Gazette prior to their confiscation. The Court emphasized the necessity of publication for laws to be binding and ordered the return of the carabaos to the Pesigans, denying their claim for damages. The decision highlighted that the public must be informed of regulations before penalties can be applied.

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9 views2 pages

10 - Pesigan vs. Angeles

The Supreme Court ruled that Presidential Executive Order No. 626-A, which mandates the confiscation of carabaos transported between provinces, could not be enforced against the Pesigans as it had not been published in the Official Gazette prior to their confiscation. The Court emphasized the necessity of publication for laws to be binding and ordered the return of the carabaos to the Pesigans, denying their claim for damages. The decision highlighted that the public must be informed of regulations before penalties can be applied.

Uploaded by

Mel Mendoza
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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Download as PDF, TXT or read online on Scribd
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Pesigan v.

Angeles
G.R. NO. 64279​ ​ ​ 30 April 1984​ ​ ​ 2nd Division

Topic: The Retroactive Applicability of Executive Orders and the Importance of


Publication for Enforceability

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.

Answer: No, the Supreme Court held that Executive Order No. 626-A should not be
enforced against the Pesigans on April 2, 1982, as it had not yet been published in
the Official Gazette, making it effective not yet in force, and then become effective
only fifteen days thereafter as provided in Article 2 of the Civil Code and Section 11
of the Revised Administrative Code. The necessity of publication is rooted in the
principle that laws must be published to inform the public of their contents and thus
be binding. The Court ordered the return of the carabaos to the Pesigansa but
denied the claim for damages as the respondents acted in good faith.

Facts:
​
The petitioners, Anselmo L. Pesigan and Marcelo L. Pesigan are the carabao
dealers who transported twenty six (26) carabaos and a calf from Sipocot,
Camarines Sur to Padre Garcia, Batangas in the evening of April 2, 1982. They
possessed all necessary permits and health certificates as required by law such as
health certificate from the provincial veterinarian, permit to transport large cattle, and
three (3) certificates of inspection from the Constabulary Command, from the Bureau
of Animal Industry, and from the mayor of Sipocot.

However, while passing at Basud, Camarines Norte, their carabaos were


confiscated by Lieutenant Arnulfo V. Zenarosa, the town’s police station commander,
and by Dr. Bella S. Miranda, provincial veterinarian. The confiscation was based on
the Executive Order No, 626-A, dated October 25, 1980, 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.” After confiscation, Dr. Bella S. Miranda distributed the carabaos among
local farmers, as outlined in the said Executive Order.
Despite the issuance of the executive order, its publication in the Official
Gazette only took place on June 14, 1982, making the Pesigans argue that it should
not be retroactively applied to penalize them for their actions prior to its publication.

The Pesigans filed an action against Zenarosa and Dr. Miranda for the
recovery of their carabaos and damages amounting to ninety-two thousand pesos (₱
92,000). The trial court, presided over by Judge Domingo Medina Angeles, and later
Judge Nicanor Oriño, dismissed the case for lack of cause of action, leading the
Pesigan to appeal directly to the Supreme Court under Rule 45 of the Rules of Court
and Section 25 of the Interim Rules, as well as pursuant to Republic Act No, 5440.

Held:
​
​ Publication is necessary to apprise the public of the contents of the
regulations and make the said penalties binding on the persons affected thereby.
The practice has always been to publish Executive Orders in the Gazette, Section
551 of the Revised Administrative Code provides that even Bureau “regulations and
orders shall become effective only when approved by the Department Head and
published in the Official Gazette or otherwise publicly promulgated.”

​ The ruling that 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 of the Executive Order can be bound
thereby.

​ In this 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.

Judgement: The trial court’s order of dismissal and the confiscation and dispersal of
the carabaos were reversed and set aside. Respondents Miranda and Zenarosa
were ordered to restore the carabaos, with the requisite documents, to the
petitioners, who as owners are entitled to possess the same, with the right to dispose
of them in Basud or Sipocot, Camarines Sur.

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