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.