PESIGAN V. ANGELES - Crim Digest

129 SCRA 174

April 30, 1984

Facts:

Before publication in the Official Gazette of June 14, 1982, Presidential Executive Order No. 626-A dated October 25, 1980, providing to the confiscation and forfeiture by the government of carabaos transported from one province to another. Anselmo L. Pesigan and Marcelo L. Pesigan, carabao dealers, transported in an Isuzu ten-wheeler truck in the evening of April 2, 1982 with twenty-six (26) carabaos and a calf from Sipocot, Camarines Sur with Padre Garcia, Batangas as the destination. In spite of having all the needed permit to transport and certificates, the carabaos , while passing at Basud, Camarines Norte, were confiscated by Lieutenant Arnulfo V. Zenarosa, the town’s police station commander, and by Doctor Bella S. Miranda, provincial veterinarian, based on the aforementioned Executive Order No. 626-A. Doctor Miranda distributed the carabaos among 25 farmers of Basud and to a farmer from Vinzons municipal nursing. The Pesigans filed against Zenarosa and Doctor Miranda an action for recovery of the carabaos.

Issue:

(1)  Whether the Pesigans may have the recovery of the carabaos.

(2)  Whether the said Executive Order should not be enforced against the Pesigans on April 2, 1982.

Ruling:

(1)  Yes. The Pesigans are entitled to the return of their carabaos of 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 26 farmers who used them. The farmers should not enrich themselves at the expense of the Pesigans.

(2)  No. The Executive Order should not be enforced against the Pesigans on April 2, 1982 because, as already noted, it is a penal regulation published more than two months later in the Official Gazette dated June 14, 1982. It became effective only 15 days thereafter as provided Article 2 of the Civil Code and Section 11 of the Revised Administrative Code.