Pesigan v.

Angeles
Limitations of Crimes Issue and Dispositive:
Aquino Are the Pesigans bound by EO 626-A? No,
April 30, 1984 it was not yet published during the time
Digest by PS Magno they transported the carabaos.

Short Version: Ratio:

Cant confiscate carabaos being The confiscation happened on April 2,
transported because the law providing 1982. EO 626-A was published in the
such forfeiture wasnt published in the Official Gazette on June 14, 1982, 2
Official Gazette yet. months after the commission of the act.

Facts: NCC 2 provides that laws become only

Anselmo and Marcelo Pesigan are carabao effective, 15 days after publication.
dealers. They transported 26 carabaos Laws here include circulars and
and a calf from Sipocot, Cam Sur to Padre regulations which prescribe
Garcia, Batangas. penalties
Publication is necessary to apprise
They had with them the ff. the public of the contents of the
A health certificate from the regulations, and make the said
provincial vet of Cam Sur penalties binding on persons
A permit to transport large cattle affected
under the authority of the
provincial commander This rule applies in a case of a violation of
3 certificates of inspection from the EO 626-A because it provides for
Constabulary confiscation and forfeiture, which makes it
a penal sanction.
Despite these, the carabaos were The public must first be informed of
confiscated at Basud, Camarines Norte, by that provision, through the
Lt. Zenarosa, the police station publication in the Gazette, before
commander, and by Dr. Miranda, the violators of the EO may be bound
provincial vet. This was based on EO 626- Commonwealth Act No. 638
A, providing that no carabao, regardless requires that all Presidential
of age, sex, physical condition or purpose executive orders having general
and no carabeef shall be transported from applicability should be published in
one province to another xxx (otherwise, the Official Gazette
these) shall be subject to confiscation and o "Every order or document
forfeiture xxx which shall prescribe a
penalty shall be deemed to
The Pesigans filed a case against Zenarosa have general applicability
and Miranda for recovery of the carabaos and legal effect."
as well as damages.

RTC ruled against the Pesigans.

CA affirmed.