Pesigan v.

Angeles Digest
GR L-64279
Civil law, when Laws take effect
Facts: Petitioners Anselmo and Marcelo Pesigan, carabao dealers transported on A
pril 2. 1982, twenty-six (26) carabaos & a calf from Camarines Norte with Batang
as as its destination. They were provided with health certificates from the prov
incial veterinarian and three (3) other permits attesting that the cattle was no
t part of lose, stolen or questionable animals.
Despite this, the said cattle was confiscated by respondents Zenarosa and Mirand
a, who were respectively the police station commander and provincial veterianari
an of Basud, Camarines Norte. The confiscation was on the basis of said EO 626-A
which was dated October 25, 1980 but was published in theOfficial Gazette on Ju
ne 14, 1982.
Executive Order 626-A provides, "that henceforth, no carabao, regardless of age,
sex, physical condition or purpose and no carabeef shall be transported from on
e province to another. The carabaos or carabeef transported in violation of this
Executive Order as amended shall be subject to confiscation and forfeiture by t
he government to be distributed ... to deserving farmers through dispersal as th
e Director of Animal Industry may see fit, in the case of carabaos".
The Pesigans filed an action for replevin against herein respondents for the rec
overy of the subject cattle but this could not be executed by the sheriff. Subse
quently, the judge dismissed the case for lack of cause of action. Hence, the pe
titioners filed an appeal to the Supreme Court under Rule 45 of the Rules of Cou
rt.
Issue: Whether or not Executive Order No. 626-A dated October 25, 1980, providin
g for the confiscation and forfeiture by the government of cattle transported fr
om one province to another, can be enforced even before its actual publication i
n the Official Gazette of June 14, 1982
HELD: NO
The Supreme Court held that EO 626-A is a penal regulation published more than t
wo months after the confiscation of the cattle or in June 14, 1982. Hence, it be
came effective only fifteen days thereafter as provided in Article 2 of the Civi
l Code. It should therefore not be enforced against the petitioners.
Publication is necessary to apprise the public of the contents of the regulation
s and make the said penalties binding on the persons affected thereby. (People v
Que Po). Justice and fairness dictate that the public must be informed of that
provision by means of publication in the Gazette before violators of the executi
ve order can be bound thereby.
Note: The word "laws" in Article 2 of the NCC also includes circulars and regula
tions which prescribe penalties.
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