This document summarizes a Supreme Court case regarding the confiscation of carabaos being transported between provinces in the Philippines. The Court held that an executive order prohibiting such transportation and imposing penalties could not be enforced against individuals transporting carabaos in April 1982, because the executive order was not published in the Official Gazette until June 1982 and did not take effect until 15 days later. The Court found that penal regulations must be published to inform the public before penalties can be imposed. Therefore, the carabaos confiscated in this case must be returned to their owners.
This document summarizes a Supreme Court case regarding the confiscation of carabaos being transported between provinces in the Philippines. The Court held that an executive order prohibiting such transportation and imposing penalties could not be enforced against individuals transporting carabaos in April 1982, because the executive order was not published in the Official Gazette until June 1982 and did not take effect until 15 days later. The Court found that penal regulations must be published to inform the public before penalties can be imposed. Therefore, the carabaos confiscated in this case must be returned to their owners.
This document summarizes a Supreme Court case regarding the confiscation of carabaos being transported between provinces in the Philippines. The Court held that an executive order prohibiting such transportation and imposing penalties could not be enforced against individuals transporting carabaos in April 1982, because the executive order was not published in the Official Gazette until June 1982 and did not take effect until 15 days later. The Court found that penal regulations must be published to inform the public before penalties can be imposed. Therefore, the carabaos confiscated in this case must be returned to their owners.
Same; Same; Same.—Indeed, the practice has always been to publish
executive orders in the Gazette. Section 551 of the Revised Administrative 174 SUPREME COURT REPORTS ANNOTATED Code provides that even bureau “regulations and orders shall become effective only when approved by the Department Head and published in the Pesigan vs. Angeles Official Gazette or otherwise publicly promulgated”. (See Commissioner of * Civil Service vs. Cruz, 122 Phil. 1015.) No. L-64279. April 30, 1984. Damages; Public Officers; The public officers who confiscated the ANSELMO L. PESIGAN and MARCELINO L. PESIGAN, carabaos acted in good faith enforcing Exec. Order 626-A. The carabaos, petitioners, vs. JUDGE DOMINGO MEDINA ANGELES, Regional however, have to be returned.—It results that they have a cause of action for Trial Court, Caloocan City Branch 129, acting for REGIONAL the recovery of the carabaos. The summary confiscation was not in order. TRIAL COURT of Camarines Norte, now presided over by JUDGE The recipients of the carabaos should return them to the Pesigans. However, NICANOR ORIÑO, Daet Branch 40; DRA. BELLA S. MIRANDA, they cannot transport the carabaos to Batangas because they are now bound ARNULFO V. ZENAROSA, ET AL., respondents. by the said executive order. Neither can they recover damages. Doctor Miranda and Zenarosa acted in good faith in ordering the forfeiture and Appeals; R.A. 5440 superseded Rule 42 of the Rules of Court.—The dispersal of the carabaos. Pesigans appealed to this Court under Rule 45 of the Rules of Court and section 25 of the Interim Rules and pursuant to Republic Act No. 5440, a ABAD SANTOS, J., Separate opinion; 1968 law which superseded Rule 42 of the Rules of Court. Public Officers; Leases; Damages; Carabaos confiscated without legal Statutes; Criminal Law; An Executive Order (Exec. Order No. 626-A basis have to be returned or their value paid; rentals should also be paid for dated Oct. 25, 1980), prohibiting and penalizing transportation of carabaos their use.—The Pesigans are entitled to the return of their carabaos or the from one province to another cannot be enforced before its publication in value of each carabao which is not returned for any reason. The Pesigans are the Official Gazette.—We hold that the said executive order should not be also entitled to a reasonable rental for each carabao from the twenty six enforced against the Pesigans on April 2, 1982 because, as already noted, it farmers who used them. The farmers should not enrich themselves at the is a penal regulation published more than two months later in the Official expense of the Pesigans. Gazette dated June 14, 1982. It became effective only fifteen days thereafter PETITION to review the order of the Regional Trial Court of as provided in article 2 of the Civil Code and section 11 of the Revised Caloocan City. Angeles, J. Administrative Code. The facts are stated in the opinion of the Court. Same; Same; Same.—That ruling applies to a violation of Executive Quiazon, De Guzman, Makalintal and Barot for petitioners. Order No. 626-A because its confiscation and forfeiture provision or The Solicitor General for respondents. sanction makes it a penal statute. Justice and fairness dictate that the public must be informed of that provision by means of publication in the Gazette AQUINO, J.: before violators of the executive order can be bound thereby. At issue in this case is the enforceability, before publication in the Official Gazette of June 14, 1982, of Presidential Executive Order _______________ No. 626-A dated October 25, 1980, providing * SECOND DIVISION. 176
with the right to dispose of them in Basud or Sipocot, Camarines
Sur. No costs. SO ORDERED.
Makasiar, (Chairman), Concepcion, Jr., Guerrero, and
Escolin, JJ., concur. Abad Santos, J., The Pesigans are entitled to the return of their carabaos or the value of each carabao which is not returned for any reason. The Pesigans are also entitled to a reasonable rental for each carabao from the twenty six farmers who used them. The farmers should not enrich themselves at the expense of the Pesigans. De Castro, J., no part.
Order reversed and set aside.
Notes.—Statutes generally have no retroactive effect. Only laws
existing at the time of the execution of contract are applicable to