Case Summary (G.R. No. 260261)
Facts
- On April 2, 1982, the Pesigans loaded twenty-six carabaos and one calf onto an Isuzu ten-wheeler truck in Sipocot, Camarines Sur, bound for Padre Garcia, Batangas.
- They presented:
- A health certificate from the Provincial Veterinarian of Camarines Sur (Revised Administrative Code; PD No. 533).
- A transport permit for large cattle from the Provincial Constabulary Commander.
- Three inspection certificates: from the local Constabulary, from the Bureau of Animal Industry inspector at Libmanan, and from the Mayor of Sipocot.
- At Basud, Camarines Norte, Respondents Zenarosa and Miranda, invoking Executive Order No. 626-A (October 25, 1980), summarily confiscated the carabaos and distributed them to local farmers.
- The Pesigans filed a petition for replevin and damages. The trial court dismissed it for lack of cause of action.
Legal Issue
Whether Executive Order No. 626-A, imposing confiscation and forfeiture of carabaos transported inter-provincially, could be enforced against the Pesigans on April 2, 1982, prior to its June 14, 1982 publication in the Official Gazette.
Applicable Law
- Executive Order No. 626-A (October 25, 1980): prohibits transport of carabaos between provinces; prescribes confiscation and forfeiture.
- Civil Code, Article 2 (old Article 1): “Laws which impose penalties . . . shall take effect fifteen days following publication.”
- Revised Administrative Code, Section 11: requires fifteen-day delay after Gazette publication for regulations imposing penalties.
- Revised Administrative Code, Section 551: bureau regulations and orders effective only upon Gazette publication or public promulgation.
- Commonwealth Act No. 638: mandates Gazette publication of all executive orders of general applicability, especially those imposing penalties.
Rationale
- Executive Order No. 626-A carries a penal sanction (confiscation and forfeiture) and thus qualifies as a “law” requiring publication.
- Under Civil Code Article 2 and Revised Administrative Code Section 11, no penal regulation binds the public until fifteen days after its Official Gazette publication. EO 626-A was published on June 14, 1982, and became effective only after the statutory delay.
- Precedents (People v. Que Po Lay; Lim Hoa Ting v. Central Bank; Balbuna v. Secretary of Education; Commissioner of Civil Service v. Cruz) uniformly hold that circulars, regulations or orders prescribing penalties are not binding if enforced before Gazette publication.
- Respondents and local officials were unaware of EO 626-A; the Pesigans could not be expected to know of
Case Syllabus (G.R. No. 260261)
Facts of the Case
- On the evening of April 2, 1982, petitioners Anselmo L. Pesigan and Marcelino L. Pesigan, as carabao dealers, loaded twenty-six carabaos and one calf in an Isuzu ten-wheeler truck at Sipocot, Camarines Sur, bound for Padre Garcia, Batangas.
- They possessed four documents authorizing transport:
- Health certificate from the provincial veterinarian of Camarines Sur (Revised Administrative Code & PD 533).
- Permit to transport large cattle issued by the provincial commander.
- Constabulary inspection certificate confirming no inclusion in lists of lost, stolen, or questionable animals.
- Certificates of inspection from the Bureau of Animal Industry livestock inspector (Libmanan, Camarines Sur) and the mayor of Sipocot.
- Despite these valid documents, at Basud, Camarines Norte, Lieutenant Arnulfo V. Zenarosa and Dr. Bella S. Miranda confiscated the carabaos under Executive Order No. 626-A.
Executive Order No. 626-A: Provisions and Purpose
- Issued October 25, 1980, EO 626-A imposed a blanket prohibition on inter-provincial transport of carabaos (regardless of age, sex, condition, or purpose) and on any carabeef.
- Mandated summary confiscation and forfeiture of violative animals, to be distributed to deserving farmers at the discretion of the Director of Animal Industry.
- Classified as a penal regulation by virtue of its confiscatory sanction.
Confiscation and Dispersal
- Under Dr. Miranda’s supervision, the confiscated carabaos were distributed among twenty-five Basud farmers and one Vinzons municipal nursery farmer (Annex I).
- Petitioners valued the herd at ₱70,000 and claimed damages of ₱92,000.
Procedural History
- Petitioners filed a replevin action in the Regional Trial C