Pesigan v. Angeles Digest

GR L-64279

Civil law, when Laws take effect

Facts: Petitioners Anselmo and Marcelo Pesigan, carabao dealers transported on April 2. 1982, twenty-six (26) carabaos & a calf from Camarines Norte with Batangas as its destination. They were provided with health certificates from the provincial veterinarian and three (3) other permits attesting that the cattle was not part of lose, stolen or questionable animals.

Despite this, the said cattle was confiscated by respondents Zenarosa and Miranda, who were respectively the police station commander and provincial veterianarian 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 June 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 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".

The Pesigans filed an action for replevin against herein respondents for the recovery of the subject cattle but this could not be executed by the sheriff. Subsequently, the judge dismissed the case for lack of cause of action. Hence, the petitioners filed an appeal to the Supreme Court under Rule 45 of the Rules of Court.

Issue: Whether or not Executive Order No. 626-A dated October 25, 1980, providing for the confiscation and forfeiture by the government of cattle transported from one province to another, can be enforced even before its actual publication in the Official Gazette of June 14, 1982

HELD: NO

The Supreme Court held that EO 626-A is a penal regulation published more than two months after the confiscation of the cattle or in June 14, 1982. Hence, it became effective only fifteen days thereafter as provided in Article 2 of the Civil Code. It should therefore not be enforced against the petitioners. 

Publication is necessary to apprise the public of the contents of the regulations 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 executive order can be bound thereby.

Note: The word "laws" in Article 2 of the NCC also includes circulars and regulations which prescribe penalties.