Pesigan vs.

Angeles 129 SCRA 174 Facts: Executive Order 626-A, a law prohibiting the transportation of carabao and carabeef from one province to another subject to confiscation and forfeitures by the government, was published in the Official Gazette dated June 14, 1982. Petitioners Anselmo and Marcelo Pesigan transported 26 carabao and a calf from Camarines Sur to Batangas on April 2, 1982. Issue: WON an administrative regulation with a penal sanction not published is enforceable. Held: No. An Executive Order prohibiting and penalizing transportation of carabaos from one province to another cannot be enforced before its publication in the Official Gazette. Said Executive Order should not be enforced because it is a penal regulation published more than 2 months later in the Official Gazette. It became effective only 15 days thereafter as provided in Art 2 of the Civil Code and Sec 11 of the Revised Admin. Code. 47 Justice and fairness dictates that the public must be informed of that provision by means of publication before violators of the Exec. Order can be bound thereby.