Pesigan vs.

Angeles, 129 SCRA 174 (April 30, 1984)

Posted by Pius Morados on November 13, 2011
(Admin Law, Publication)
Facts: Executive Order 626-A, a law prohibiting the transportation of carabao and
carabeef from one province to another subject to confiscation and forfeitures by the
government, was published in the Official Gazette dated June 14, 1982. Petitioners
Anselmo and Marcelo Pesigan transported 26 carabao and a calf from Camarines Sur to
Batangas on April 2, 1982.
Issue: WON an administrative regulation with a penal sanction not published is
enforceable.
Held: No. An Executive Order prohibiting and penalizing transportation of carabaos from
one province to another cannot be enforced before its publication in the Official Gazette.
Said Executive Order should not be enforced because it is a penal regulation published
more than 2 months later in the Official Gazette. It became effective only 15 days
thereafter as provided in Art 2 of the Civil Code and Sec 11 of the Revised Admin. Code.
Justice and fairness dictates that the public must be informed of that provision by means
of publication before violators of the Exec. Order can be bound thereby.

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.