US v TORIBIO

GR No. L-5060
Plaintiff/Appellee: The United States
Defendant/Appellant: Pedro Mariano
Ponente: Carson, J.
Date: January 26, 1910
TOPIC: Protected Interests in Property
DOCTRINE
To justify the state in the exercise of its sovereign police
power it must appear (1) that the interest of the general
public requires it and (2) that the means are reasonably
necessary for the accomplishment of the purpose, and
not unduly oppressive upon individuals.
SHORT VERSION
The appellant slaughtered or caused to be slaughtered for
human consumption the carabao, without a permit from
the municipal treasurer of the municipality wherein it
was slaughtered, in violation of the provisions of
sections 30 and 33 of Act No. 1147, an Act regulating
the registration, branding, and slaughter of large
cattle.
Appellant contends that he applied for a permit to
slaughter the animal but was not given one because the
carabao was not found to be unfit for agricultural work
which resulted to appellant to slaughter said carabao in a
place other than the municipal slaughterhouse.
Appellant then assails the validity of a provision
under Act No. 1147 which states that only carabaos
unfit for agricultural work can be slaughtered.
FACTS
Respondent Toribio is an owner of carabao, residing in
the town of Carmen in the province of Bohol. The trial
court of Bohol found that the respondent slaughtered or
caused to be slaughtered a carabao without a permit
from the municipal treasurer of the municipality wherein
it was slaughtered, in violation of Sections 30 and 33 of
Act
No.
1147,
an
Act
regulating
the registration, branding, and slaughter of Large
Cattle. The act prohibits the slaughter of large cattle
fit for agricultural work or other draft purposes for
human consumption.

The respondent counters by stating that what the Act is

(1) prohibiting is the slaughter of large cattle in the
municipal slaughter house without a permit given by the
municipal treasurer. Furthermore, he contends that
the municipality of Carmen has no slaughter house and
that he slaughtered his carabao in his dwelling, (2) the
act constitutes a taking of property for public use
in the exercise of the right of eminent domain without
providing for the compensation of owners, and it is
an undue and unauthorized exercise of police power
of the state for it deprives them of the enjoyment of
their private property.
ISSUES/HELD
(1) WoN Act. No. 1147, regulating the registration,
branding and slaughter of large cattle, is an undue and
unauthorized exercise of police power. YES
RATIO
(1) It is a valid exercise of police power of the state.
Police power is the inherent power of the state to
legislate laws which may interfere with personal
liberties. To justify the state in the exercise of its
sovereign police power it must appear (1) that the
interest of the general public requires it and (2) that
the means are reasonably necessary for the
accomplishment of the purpose, and not unduly
oppressive upon individuals.
The court is of the opinion that the act applies generally
to the slaughter of large cattle for human consumption,
ANYWHERE, without a permit duly secured from the
municipal treasurer, For to do otherwise is to defeat the
purpose of the law and the intent of the law makers. The
act primarily seeks to protect large cattle against theft to
make it easy for the recovery and return to owners,
which encouraged them to regulate the registration and
slaughter of large cattle.
Several years prior to the enactment of the said law, an
epidemic struck the Philippine islands which threatened
the survival of carabaos in the country. In some
provinces seventy, eighty and even one hundred percent
of their local carabaos perished due to the said epidemic.
This drove the prices of carabaos up to four or five-fold,
as a consequence carabao theft became rampant due to
the luxurious prices of these work animals. Moreover,
this greatly affected the food production of the country
which prompted the government to import rice from its
neighboring countries.

As these work animals are vested with public interest for

they are of fundamental use for the production of crops,
the government was prompted to pass a law that would
protect these work animals. The purpose of the law is to
stabilize the number of carabaos in the country as well as
to redistribute them throughout the entire archipelago. It
was also the same reason why large cattles fit for farm
work was prohibited to be slaughtered for human
consumption.
Most
importantly,
the
respondents carabao was found to be fit for farm work.
These reasons satisfy the
valid exercise of police power.

requisites

for

the

Act No. 1147 is not an exercise of the inherent power

of eminent domain. The said law does not constitute the
taking of carabaos for public purpose; it just serves as a
mere regulation for the consumption of these private
properties for the protection of general welfare and
public interest. Thus, the demand for compensation of
the owner must fail.
DECISION
Act No. 1147 Constitutional
O