Ynot vs IAC

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.