Pesigan v Angeles Digest 1984

G.R. No. L-64279 April 30, 1984

ANSELMO L. PESIGAN and MARCELINO L. PESIGAN, petitioners,
vs.
JUDGE DOMINGO MEDINA ANGELES, Regional Trial Court, Caloocan City Branch 129, acting for REGIONAL TRIAL COURT of Camarines Norte, now presided over by JUDGE NICANOR ORIÑO, Daet Branch 40; DRA. BELLA S. MIRANDA, ARNULFO V. ZENAROSA, ET AL., respondents.

Quiazon, De Guzman Makalintal and Barot for petitioners.

The Solicitor General for respondents.

AQUINO, J.:

Facts of the Case: 

         Anselmo L. Pesigan and Marcelo L. Pesigan, carabao dealers, transported in an Isuzu ten-wheeler truck in the evening of April 2, 1982 twenty-six carabaos and a calf from Sipocot, Camarines Sur with Padre Garcia, Batangas as the destination.

       The carabaos were confiscated by Lieutenant Arnulfo V. Zenarosa, the town’s police station commander, and by Doctor Bella S. Miranda, provincial veterinarian, in spite of the permit and certificates to transport. Doctor Miranda, thereafter, distributed the carabaos among twenty-five farmers of Basud Camarines Norte – where said carabaos were confiscated, and to a farmer from Vinzons municipal nursery.

           Judge Domingo Medina Angeles, who heard the case filed by the Pesigans against Zenarosa and Miranda, dismissed the case for lack of cause of action. The cause of confiscation was based on Executive Order No. 628-A.

Issue: Whether or not Executive Order 626-A is effective prior to its publication in the Official Gazette.

Held: 

          No, Executive Order 626-A cannot be enforced at the time the carabaos and calf were confiscated, April 2, 1982 more than two months prior to the publication of the said E.O on the Official Gazette --- June 14, 1982.

        Executive Order 626-A is a penal regulation. Justice and fairness dictate that the public must be informed of that provision by means of publication in the Gazette before violators can be bound.