YNOT VS INTERMEDIATE APPELLATE COURT

BY MAROON 5 PARTNERS AND ASSOCIATES SEPTEMBER 8, 2011 CARABAOS DUE

PROCESS JUDICIAL POWER POLICE POWER
148 SCRA 659
Date of Promulgation: March 20, 1987
Ponente: Cruz, J.
QuickGuide: 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:
13Jan1984: Petitioner Restituto Ynot had transmitted 6 carabaos in a pump boat
from Masbate to Iloilo when they were confiscated by the police station commander
of Barotac for violating Executive Order No. 626-A
Executive Order No. 626-A prohibits the interprovincial movement of carabaos and
the slaughtering of carabaos. Carabao/carabeef transported in violation of E.O. 626A shall be subject to confiscation and forfeiture by the govt, to be distributed to
charitable institutions as Chairman of National Meat Inspection may see fit
(carabeef) and to deserving farmers as the Director of Animal Industry may see fit
(carabao). This amended E.O. 626; the latter prohibiting only the slaughter of
carabaos of age.
Petitioner sued for recovery; RTC issued writ of replevin after petitioner filed
supersedeas bong of P12,000.00
Trial Court (TC): confiscation of carabaossustained; ordered confiscation of the
bond; declined to rule on the constitutionality of the E.O. for lack of authority and its
presumed validity
Petitioner appealed the decision to the Intermediate Appellate Court (IAC); IAC
upheld the TC.
Petitioners arguments:
1. E.O. is unconstitutional. It authorizes outright confiscation of carabao or carabeef
being transported across provincial boundaries.
2. Penalty is invalid. It is imposed without according the owner a right to be heard
before a competent and impartial court as guaranteed by due process.
3. Improper exercise of legislative power by the former President.
Issue/s:
WON EO 626-A is constitutional.
Ruling:
EO 626-A is declared unconstitutional. CA decision reversed. Supersedeas bond
cancelled and the amount thereof is ordered restored to petitioner.
Ratio:
On the power of courts to decide on constitutional matters
Resolution of such cases may be made in the first instance by lower courts subject
to review of the Supreme Court.

..while lower courts should observe a becoming modesty in examining

constitutional questions, they are nonetheless not prevented from resolving the
same whenever warranted, subject only to the review of the highest tribunal.
Sec. 5[2(a)] Art VIII, 1987 Constitution.
On the presumption of constitutionality
Not by any means conclusive and in fact may be rebutted
On due process
Provisions of the charter are to be cats in precise and unmistakable language to
avoid controversies that might arise on their correct interpretation.
Clause was kept intentionally vague so it would remain also conveniently resilient;
flexibility
MINIMUM REQUIREMENTS: a) notice and b) hearing intended as safeguard against
official arbitrariness.
On the power used by President Marcos in promulgating EO 626-A
The challenged measure is denominated as an EO but it is actually a PD issued by
Pres. Marcos not for the purpose of taking care that the laws were faithfully
executed but in the exercise of his legislative authority under Amendment No. 6.
But it was not shown that there is sufficient exigencies to exercise the
extraordinary power
Police power as used by the government to justify E.O. 626-A
Test: 1. Compelling state interest 2. Lawful method (as used in the case, but this is
the same with the fit between means and objective test)
1 = present conditions demand that the carabaos and the buffaloes be conserved
for the benefit of the small farmers who rely on them for energy needs.
Failed to comply with #2; there is no reasonable connection between conservation
of carabaos (not having them slaughtered) and the means: non-transportation of
carabaos.