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    Kitem Kadatuan Jr.
    1) Laws take effect 15 days after completion of publication in the Official Gazette, unless otherwise provided. This includes circulars and regulations that prescribe penalties, as publication is necessary to inform the public. 2) In Pesigan vs Angeles, carabaos being transported were confiscated under EO 626-A, which banned inter-provincial carabao transport. However, the court ruled the EO could not be enforced against the plaintiffs as it was only published in the Gazette after the incident. Penal regulations must be published first to be binding. 3) For a regulation to be considered a law and impose penalties, advance publication is required to properly notify the public under the Civil Code and Administrative Code

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    1) Laws take effect 15 days after completion of publication in the Official Gazette, unless otherwise provided. This includes circulars and regulations that prescribe penalties, as publication is necessary to inform the public. 2) In Pesigan vs Angeles, carabaos being transported were confiscated under EO 626-A, which banned inter-provincial carabao transport. However, the court ruled the EO could not be enforced against the plaintiffs as it was only published in the Gazette after the incident. Penal regulations must be published first to be binding. 3) For a regulation to be considered a law and impose penalties, advance publication is required to properly notify the public under the Civil Code and Administrative Code

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    1) Laws take effect 15 days after completion of publication in the Official Gazette, unless otherwise provided. This includes circulars and regulations that prescribe penalties, as publication is necessary to inform the public. 2) In Pesigan vs Angeles, carabaos being transported were confiscated under EO 626-A, which banned inter-provincial carabao transport. However, the court ruled the EO could not be enforced against the plaintiffs as it was only published in the Gazette after the incident. Penal regulations must be published first to be binding. 3) For a regulation to be considered a law and impose penalties, advance publication is required to properly notify the public under the Civil Code and Administrative Code

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    © All Rights Reserved
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    14 views3 pages

    Upload Consti Rev Trial

    Uploaded by

    Kitem Kadatuan Jr.
    1) Laws take effect 15 days after completion of publication in the Official Gazette, unless otherwise provided. This includes circulars and regulations that prescribe penalties, as publication is necessary to inform the public. 2) In Pesigan vs Angeles, carabaos being transported were confiscated under EO 626-A, which banned inter-provincial carabao transport. However, the court ruled the EO could not be enforced against the plaintiffs as it was only published in the Gazette after the incident. Penal regulations must be published first to be binding. 3) For a regulation to be considered a law and impose penalties, advance publication is required to properly notify the public under the Civil Code and Administrative Code

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    of 3

    I.

    Effect and Application of Laws

    A. When do laws take effect?


    NCC - Article 2. Laws shall take effect after fifteen days following the completion of
    their publication in the Official Gazette, unless it is otherwise provided. This Code shall
    take effect one year after such publication.

    Admin Code
    Sec. 18. When Laws Take Effect. - Laws shall take effect after fifteen (15) days
    following the completion of their publication in the Official Gazette or in a
    newspaper of general circulation, unless it is otherwise provided.
    Sec. 19. Prospectivity. - Laws shall have prospective effect unless the contrary is
    expressly provided.
    Sec. 20. Interpretation of Laws and Administrative Issuances. - In the
    interpretation of a law or administrative issuance promulgated in all the official
    languages, the English text shall control, unless otherwise specifically provided.
    In case of ambiguity, omission or mistake, the other texts may be consulted.
    Sec. 21. No Implied Revival of Repealed Law.- When a law which expressly repeals
    a prior law itself repealed, the law first repealed shall not be thereby revived
    unless expressly so provided.
    Sec. 22. Revival of Law Impliedly Repealed. - When a law which impliedly repeals
    a prior law is itself repealed, the prior law shall thereby be revived, unless the
    repealing law provides otherwise.
    Sec. 23. Ignorance of the Law. - Ignorance of the law excuses no one from
    compliance therewith.
    Sec. 24. Contents. - There shall be published in the Official Gazette all legislative
    acts and resolutions of a public nature; all executive and administrative issuances
    of general application; decisions or abstracts of decisions of the Supreme Court
    and the Court of Appeals, or other courts of similar rank, as may be deemed by
    said courts of sufficient importance to be so published; such documents or classes
    of documents as may be required so to be published by law; and such documents
    or classes of documents as the President shall determine from time to time to
    have general application or which he may authorize so to be published.
    The publication of any law, resolution or other official documents in the Official
    Gazette shall be prima facie evidence of its authority.

    E.O. 200
    Sec. 1. Laws shall take effect after fifteen days following the completion of their publication
    either in the Official Gazette or in a newspaper of general circulation in the Philippines,
    unless it is otherwise provided.

    Sec. 2. Article 2 of Republic Act No. 386, otherwise known as the "Civil Code of the
    Philippines," and all other laws inconsistent with this Executive Order are hereby repealed or
    modified accordingly.

    Pesigan vs Angeles
    Doctrine: The word "laws" in article 2 (article 1 of the old Civil Code) includes circulars and
    regulations which prescribe penalties. Publication is necessary to apprise the public of the
    contents of the regulations and make the said penalties binding on the persons affected
    thereby.
    Facts: Anselmo L. Pesigan and Marcelo L. Pesigan, carabao dealers, transported in an Isuzu
    ten-wheeler truck in the evening of April 2, 1982 twenty-six carabaos and a calf from
    Sipocot, Camarines Sur with Padre Garcia, Batangas, as the destination.
    They were provided with (1) a health certificate from the provincial veterinarian of
    Camarines Sur, issued under the Revised Administrative Code and Presidential Decree No.
    533, the Anti-Cattle Rustling Law of 1974; (2) a permit to transport large cattle issued under
    the authority of the provincial commander; and (3) three certificates of inspection, one from
    the Constabulary command attesting that the carabaos were not included in the list of lost,
    stolen and questionable animals; one from the LIvestock inspector, Bureau of Animal
    Industry of Libmanan, Camarines Sur and one from the mayor of Sipocot.
    In spite of the permit to transport and the said four 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. The
    confiscation was basis on the aforementioned Executive Order No. 626-A which provides
    "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).
    Doctor Miranda distributed the carabaos among twenty-five farmers of Basud, and to a
    farmer from the Vinzons municipal nursery
    The Pesigans filed against Zenarosa and Doctor Miranda an action for replevin for the
    recovery of the carabaos allegedly valued at P70,000 and damages of P92,000. The replevin
    order could not be executed by the sheriff. In his order of April 25, 1983 Judge Domingo
    Medina Angeles, who heard the case at Daet and who was later transferred to Caloocan City,
    dismissed the case for lack of cause of action.

    Issue: At issue in this case is the enforceability, before publication in the Official Gazette of
    June 14, 1982, of Presidential Executive Order No. 626-A dated October 25, 1980, providing
    for the confiscation and forfeiture by the government of carabaos transported from one
    province to another.
    Held: We hold that the said 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 fifteen
    days thereafter as provided in article 2 of the Civil Code and section 11(now section 18) of
    the Revised Administrative Code.
    Thus, in the Que Po Lay case, a person, convicted by the trial court of having violated
    Central Bank Circular No. 20 and sentenced to six months' imprisonment and to pay a fine of
    P1,000, was acquitted by this Court because the circular was published in the Official
    Gazette three months after his conviction. He was not bound by the circular.
    That ruling applies to a violation of Executive Order No. 626-A because its confiscation and
    forfeiture provision or sanction makes it a penal statute. Justice and fairness dictate that the
    public must be informed of that provision by means of publication in the Gazette before
    violators of the executive order can be bound thereby.

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