G.R. No. 136266 - Peligrino vs. People

Petitioners Anselmo L. Pesigan and Marcelo L. Pesigan, engaged in carabao trading, loaded twenty-six (26) carabaos and one (1) calf onto an Isuzu ten‐wheeler truck on April 2, 1982, at Sipocot, Camarines Sur, bound for Padre Garcia, Batangas.
They secured the following documentary permits and certifications:

A health certificate issued by the Provincial Veterinarian of Camarines Sur under the Revised Administrative Code and PD No. 533 (Anti-Cattle Rustling Law of 1974).
A permit to transport large cattle from the Provincial Commander.
A Constabulary inspection certificate confirming the animals were not listed as lost, stolen, or questionable.
A livestock inspector’s certificate from the Bureau of Animal Industry, Libmanan, Camarines Sur.
A certification from the Mayor of Sipocot.

Executive Order No. 626-A, dated October 25, 1980 (78 OG 3144), prohibited “henceforth, no carabao, regardless of age, sex, physical condition or purpose and no carabeef” from being transported inter-provincially, and prescribed confiscation and forfeiture to the government, with subsequent distribution to deserving farmers.
While passing through Basud, Camarines Norte, Lt. Arnulfo V. Zenarosa (Police Station Commander) and Dr. Bella S. Miranda (Provincial Veterinarian) confiscated the carabaos under EO 626-A. Dr. Miranda then distributed the animals to twenty-five Basud farmers and one farmer at the Vinzons municipal nursery.

The Sheriff failed to execute the replevin order. On April 25, 1983, RTC Judge Domingo Medina Angeles dismissed the case for lack of cause of action. The Pesigans appealed to the Supreme Court under Rule 45 of the Rules of Court, Section 25 of the Interim Rules, and RA No. 5440.

Whether Executive Order No. 626-A, as a penal regulation prescribing confiscation, was enforceable against the petitioners on April 2, 1982, prior to its publication in the Official Gazette.
Whether the petitioners had a valid cause of action for the recovery of their carabaos and for damages.