G.R. No.

L-64279 April 30, 1984

PESIGAN VS. ANGELES

AQUINO, J.:

Anselmo Pesigan and Marcelo Pesigan, carabao dealers, transported in an Isuzu ten-wheeler truck in the
evening of April 2, 1982, 26 carabaos and a calf from Sipocot, Camarines Sur to Padre Garcia, Batangas

 They had health certificate, a permit to transport large cattle, and 3 certificates of inspection
 In spite of the certificates, the carabaos, while passing Basud Camarines Norte, were confiscated
by Lieutenant Amulfo Zenarosa, the town’s police station commander, and by Dr. Bella Miranda,
provincial veterinarian.
o The confiscation was on the grounds of EO No. 626-A: "that henceforth, no carabao,
regardless of age, sex, physical condition or purpose and no carabeef shall be
transported from one province to another. The carabaos or carabeef transported in
violation of this Executive Order as amended shall be subject to confiscation and
forfeiture by the government to be distributed ... to deserving farmers through dispersal
as the Director of Animal Industry may see fit, in the case of carabaos" (78 OG 3144).”
 Dr. Miranda distributed the carabaos amongst 25 farmers of Basud, and to a farmer from
Vinzons municipal nursery.
 The Pesigans filed against Lt. Zenarosa and Dr. Miranda for the recovery of the carabaos
allegedly valued at p70,00 and damages of P92,000.
 Judge Domingo Angeles, who head the case dismissed the case for lack of cause of action.
 The Pesigans appealed under Rule 45 of the Rules of Court and S25 of the Interim Rules and
pursuant to RA No. 5440, a 1968 law which superseded Rule 42 of the Rules of Court.
 EO 626-A should not be enforced towards Pesigans because the law was only published in the
OG on June 14, 1982, whereas the confiscation took place April 2, 1982 (violates CC A2, and S11
of the RAC)
 Commonwealth Act No. 638 requires that all Presidential EOs having general applicability should
be published in OG. “Every order or document which shall prescribe a pentalty shall be deemed
to have general applicability and legal effect”
 Even S551 of the RAC provides that “regulations and orders shall become effective only when
approved by the Department head and published in the OG, or otherwise publicly promulgated”
 As such, Pesigans was not aware of the EO 626-A
 It results that they have a cause of action for the recovery of the carabaos.

Issue:

Whether or not EO 626-A was already in force during the confiscation of the carabaos.

Ruling:

The trial courts ordered the confiscated carabaos to be returned to Pesigan by Miranda and Zenarosa.