G.R. No. 74457 March 20, 1987
RESTITUTO YNOT, petitioner, vs. INTERMEDIATE APPELLATE COURT, THE STATION COMMANDER, INTEGRATED NATIONAL POLICE, BAROTAC NUEVO, ILOILO and THE REGIONAL DIRECTOR, BUREAU OF ANIMAL INDUSTRY, REGION IV, ILOILO CITY, respondents.
Facts:
Former President Ferdinand E. Marcos has given orders prohibiting the interprovincial movement of carabaos and the slaughtering of carabaos not complying with the requirements of Executive Order No. 626, effective October 25, 1980.
On
January 13, 1984, the petitioner transported six carabaos in a pump boat from
Masbate to Iloilo when the same was confiscated by the police station commander
of Barotac Nuevo, Iloilo for the violation of E.O. 626-A. A case was filed by
the petitioner questioning the constitutionality of executive order and the
recovery of the carabaos. After considering the merits of the case, the
confiscation was sustained and the court declined to rule on the
constitutionality issue. The petitioner appealed the decision to the
Intermediate Appellate Court but it also upheld the ruling of RTC.
Issue:
Is
E.O. 626-A unconstitutional?
Ruling:
The
Respondent contends that it is a valid exercise of police power to justify EO
626-A amending EO 626 in asic rule prohibiting the slaughter of carabaos except
under certain conditions. The supreme court said that The reasonable connection
between the means employed and the purpose sought to be achieved by the
questioned measure is missing the Supreme Court do not see how the prohibition
of the inter-provincial transport of carabaos can prevent their indiscriminate
slaughter, considering that they can be killed anywhere, with no less
difficulty in one province than in another. Obviously, retaining the carabaos
in one province will not prevent their slaughter there, any more than moving
them to another province will make it easier to kill them there
The
Supreme Court found E.O. 626-A unconstitutional. The executive act defined the
prohibition, convicted the petitioner and immediately imposed punishment, which
was carried out forthright. Due process was not properly observed. In the
instant case, the carabaos were arbitrarily confiscated by the police station
commander, were returned to the petitioner only after he had filed a complaint
for recovery and given a supersedeas bond of Php 12,000.00. The measure struck at
once and pounced upon the petitioner without giving him a chance to be heard,
thus denying due process.
888sport Casino & Hotel - Mapyro
ReplyDelete888sport Casino & Hotel - 안성 출장마사지 Mapyro location map, see 2555 traveler reviews, 33 tips 파주 출장샵 and reviews, 이천 출장샵 and 나주 출장안마 great deals for Casino Lake Tahoe, 문경 출장샵 NV,