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.

1984-04-30 | G.R. No. L-64279

DECISION

AQUINO, J.: EFFECT AND APPLICATION OF LAWS: When do laws take effect?

Facts:

Executive Order No. 626-A which was passed October 25, 1980, provide for the confiscation and forfeiture
of carabaos transported from one province to another. And it was published in the Official Gazette of June
14, 1982.

But on April 2, 1982, two months before said publication, certain Pesigans transport twenty-six carabaos
and a calf from Sipocot, Camarines Sur to Batangas. And while passing at Basud, Camarines Norte, the
carabaos were confiscated by Lieutenant Arnulfo V. Zenarosa, and by Doctor Bella S. Miranda, provincial
veterinarian based on E.O. No. 626-A. Moreover, Doctor Miranda distributed the carabaos among twenty-
five farmers of Basud, and to a farmer from the Vinzons municipal nursery.

Consequently, the Pesigans filed an action for replevin for the recovery of the carabaos. However, the
case was dismissed for lack of cause of action. Hence, this petition to review.

Issues:

Can E.O. No. 626-A be enforced before its publication in the Official Gazette on June 14, 1982?

Ruling:

No, Executive Order No. 626-A should not be enforced against the Pesigans because it should be
published first before can be given legal effect. It is pursuant to Commonwealth Act No. 638 which
requires that all Presidential executive orders having general applicability should be published in the
Official Gazette.

In this case, the confiscation happened on April, and the publication of E.O. 626-A was on June 14, 1982.
Since the confiscation happened two months before the publication, therefore, said E.O. cannot be
applied to the Pesigans. Further, the law became effective only fifteen days after the publication on June
14, 1982 as provided in article 2 of the Civil Code and section 11 of the Revised Administrative Code.

WHEREFORE, the trial court's order of dismissal and the confiscation and dispersal of the carabaos are
reversed and set aside. Respondents Miranda and Zenarosa are ordered to restore the carabaos, with
the requisite documents, to the petitioners, who as owners are entitled to possess the same, with the
right to dispose of them in Basud or Sipocot, Camarines Sur. No costs.