Posted by: Elmer Brabante | September 1, 2009

Pesigan vs. Angeles


PESIGAN VS. ANGELES

129 SCRA 174 (April 30, 1984) 

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:

                EO 626-A should not be enforced against petitioner on April 2, 1982, because it is a penal regulation published more than two months later in the Official Gazette dated June 14, 1982.  It became effective only 15 days thereafter as provided in Art. 2 of the Civil Code, and Sec. 11 of the Administrative Code.

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