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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 carabao is
seven years old already, if male, and eleven years old if female). The penalty is confiscation
of the carabaos and/or the carabeef.
EO 626 was created by Marcos (an EO which takes a similar form of a Pres. Decree, actually daw), and it
was created: kasi ang kalabaw ay “matter of public interest” because of their connection with “agricultural
output”, citing (US v Toribio) where a similar law was sustained a A VALID POLICE MEASURE to prevent
the indiscriminate killing of carabaos.
ISSUE:
Whether E.O. No. 626-A is unconstitutional (not the EO 626 na nauna ha) insofar as it
authorizes the outright confiscation of carabao and carabeef being transported across
provincial boundaries, thus denying due process. Outright, meaning walang prior notice or
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.
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Note: Justice Felix Frankfurter defines due process as: the embodiment of the sporting idea of fair play”
HOWEVER, this is not to say that notice and hearing are imperative in every case.
Admitted Exceptions:
1) In cases where there is a NUISANCE PER SE (vs a nuisance per accidens, which s treated
differently)
2) The protection of the general welfare (ang ganda nito: police power is what both RESTRAINS and
IS RESTRAINED by due process)
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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.