FACTS: Anselmo Pesigan
and Marcelo Pesigan were transporting 26 carabaos and a calf in the evening of
April 2, 1982 from Camarines Sur to Batangas. They had three certificates: 1)
health certificate from provincial veterinarian; 2) permit to
transfer/transport from the provincial commander; and 3) three certificates of
inspections. However, despite of securing the said certificates, the carabaos
and calf were confiscated by the provincial veterinarian and town’s police
station commander while passing through Camarines Norte. The confiscation was
made pursuant to EO 626-A which prohibits transportation of carabaos and
carabeef from one province to another.
ISSUE: W/N EO 626-A
dated October 25, 1980 is enforceable before publication in Official Gazette on
June 14, 1982
HELD: No. The incident
happened on April 2, 1982 while the EO’s publication only happened 2 months
after. Pursuant to RAC and ART 2 of the Civil Code, law takes effect only15
days after its publication. The word “law” in NCC 2 contemplates circulars,
regulations, etc which prescribe penalties and of general application.
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