Landmark Case: Ynot vs. Intermediate Appellate Court, G.R. No. 74457 March 20, 1987 (Digested Case)

In 1980, someone challenged an Executive Order issued by President Marcos because it imposed a penalty without giving the violator a right to be heard. He succeeded in having the law declared unconstitutional and was commended by the Supreme Court "for his spirit" in asserting his rights.

G.R. No. 74457      20 March 1987
Ponente: Cruz, J.

FACTS:

The petitioner had transported six carabaos in a pump boat from Masbate to Iloilo in January 1984, when they were confiscated by the police station commander for violation of E.O. No. 626-A which prohibits the interprovincial movement of carabaos and the slaughtering of carabaos not complying with the requirements of E.O. No. 626 (except when the carabo is seven years old if male, and eleven years old if female).  The penalty is confiscation of the carabaos and/or the carabeef.

ISSUE:

Whether E.O. No. 626-A is unconstitutional insofar as it authorizes the outright confiscation of carabao and carabeef being transported across provincial boundaries, thus denying due process.

RULING:

The due process clause was kept intentionally vague so it would remain so conveniently resilient for due process is not an “iron rule.”  Flexibility must be the best virtue of guaranty.  The minimum requirements of due process are notice and hearing which, generally speaking, may not be dispensed with because they are intended as a safeguard against official arbitrariness.

It is noted that E.O. No. 626-A imposes an absolute ban not on the slaughter of the carabaos but on their movement.  The reasonable connection between the means employed and the purpose sought to be achieved by the question of measure is missing.  Even if there was a reasonable relation, the penalty being an outright confiscation and a supersedeas bond of Php12,000.00.  The executive order defined the prohibition, convicted the petitioner and immediately imposed punishment, thus denying the centuries-old guaranty of elementary fair play.

To sum up, it was found that the challenged measure is an invalid exercise of the police power because the method employed to conserve the carabaos is not reasonably necessary to the purpose of the law and is unduly oppressive.  Due process is violated for the owner was denied the right to hear his defense and was not seen fit to assert and protect his rights.  Executive Order No. 626-A is hereby declared unconstitutional, and the superseceas bond is cancelled.


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