YNOT vs.

IAC
148 SCRA 659
Date of Promulgation: March 20, 1987
Ponente: Cruz, J.
Quick Guide: Petitioner assails constitutionality of E.O. No. 626-A prohibiting the interprovincial
movement of carabaos and the slaughtering of carabaos. E.O. No. 626-A was held
unconstitutional for violating the due process clause.
Facts:
Petitioner transported 6 carabaos from Masbate to Iloilo in 1984 and these were
confiscated by the station commander in Barotac, Iloilo for violating E.O. 626 A which
prohibits transportation of a carabao or carabeef from one province to another.
Confiscation will be a result of this.
The petitioner sued for recovery, and the Regional Trial Court of Iloilo City issued a writ
of replevin upon his filing of a supersedes bond of P12,000.00. After considering the
merits of the case, the court sustained the confiscation of the carabaos and, since they
could no longer be produced, ordered the confiscation of the bond. The court also
declined to rule on the constitutionality of the executive order, as raise by the petitioner,
for lack of authority and also for its presumed validity. The same result was decided in
the trial court.
In the Supreme Court, he then petitioned against the constitutionality of the E.O. due to
the outright confiscation without giving the owner the right to heard before an impartial
court as guaranteed by due process. He also challenged the improper exercise of
legislative

power

by

the

former

president

under

Amendment

of

the

1973 constitution wherein Marcos was given emergency powers to issue letters of
instruction that had the force of law.
Issue:
Is the E.O. unconstitutional?

Ratio:
Yes. YES, E.O. 626-A is unconstitutional. The original intent of E.O. 626 before it was
amended was to prohibit the slaughter of carabaos except under certain conditions for
their conservation. Small farmers depended on carabaos for their energy needs
because there was an energy crisis at the time.

There is no relation as to how

prohibition of transport of carabaos can prevent their indiscriminate slaughter. Two tests
in exercise of police power: a.) that the interests of the public generally, as distinguished
from those of a particular class, require such interference and b.) That the means are
reasonably necessary for the accomplishment of the purpose, and not unduly
oppressive upon individuals the carabaos were seized immediately without a trial. The
E.O. gave administrative authorities to judge the guilt of an offender which is an
encroachment on the function of the judiciary.

There is an undue delegation of

legislative powers because the Director of Animal Industry and Chairman of the National
Meat Inspection Commission are given unlimited discretion in distribution of confiscated
carabaos and carabeef.
Petition Granted.