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Supreme Court Ruling on Carabao Confiscation

The Pesigan brothers transported carabaos from one province to another but the livestock were confiscated by police citing Presidential Executive Order 626-A which prohibited such transport. However, the order was only published two months after the confiscation. The Supreme Court ruled the order could not be enforced against the Pesigans since it was not published at the time of transport as required by law. The court reversed the dismissal of the Pesigans' case and ordered the return of their carabaos.

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65 views1 page

Supreme Court Ruling on Carabao Confiscation

The Pesigan brothers transported carabaos from one province to another but the livestock were confiscated by police citing Presidential Executive Order 626-A which prohibited such transport. However, the order was only published two months after the confiscation. The Supreme Court ruled the order could not be enforced against the Pesigans since it was not published at the time of transport as required by law. The court reversed the dismissal of the Pesigans' case and ordered the return of their carabaos.

Uploaded by

Nympha Andres
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as TXT, PDF, TXT or read online on Scribd

Pesigan vs Angeles

G.R. No. L-64279. April 30, 1984

FACTS
Petitioners and Anselmo and Marcelino Pesigan, both carabao dealers,
transported twenty six carabaos and one calf from Camarines Sur to Batangas on
April 2, 1982. However, despite securing the necessary documents such as health
certificate, permit to transport large cattle and certificates of inspection, the
livestocks were confiscated by two of the respondents, police station commander Lt.
Arnulfo Zenarosa and provincial veterinarian Dr. Bella Miranda. Zenarosa and
Miranda invoked Presidential Executive Order 626-A dated October 25, 1980 which
states that "no carabao and carabeef shall be transported from one province to
another." Upon violation, carabaos and carabeef transported shall be confiscated
and forfeited by the government to be distributed to deserving farmers. The
executive order was published on June 14, 1982.
Petitioners filed an action for replevin to recover the carabaos but the
respondent, Judge Domingo Medina Angeles, dismissed the case for lack of cause of
action.
Pesigans filed a petition for certiorari to the Supreme Court.

ISSUE
Whether or not Presidential Executive Order 626-A be enforced against the
Pesigans prior its publication.

RULING
The Supreme Court reversed the trial court's dismissal of the case and the
confiscation and dispersal of the carabaos owned by the petitioners. The Court held
that the PEO 626-A should not be enforced against the petitioners because it was
published two months later, which is not in accordance with Article 2 of the Civil
Code.
The Court clarified that laws include circulars and regulations which
prescribe penalties and that publication in the Official Gazette is necessary to
inform the public of its contents and make the penalties binding on the persons
affected.

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