Ynot Vs.

IAC

DOCTRINE: This Court has declared that 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 review by the highest
tribunal.

FACTS:

Restituto Ynot, transported six carabaos in a pump boat from Masbate to Iloilo. It was
confiscated by the Police in violation of E.O 626. The said executive order is issued by our
Former President Ferdinand marcos which prohibits the interprovincial movement of carabaos
and the slaughtering of carabaos. Carabao/carabeef transported in violation of E.O. 626-A 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).

He questioned the constitutionality of the said E.O because it authorized outright confiscation of
the carabao without due process and the right of the president to exercise legislative power. He
sued for a recovery in RTC which issued a writ of replevin upon his filing of a supersedeas bond
of P12,000.00. After considering the merits of the case, the court sustained the confiscation of
the carabaos and, since they could no longer be produced, ordered the confiscation of the bond.
The court also declined to rule on the constitutionality of the executive order, as raise by the
petitioner, for lack of authority and also for its presumed validity. Therefore, he filed to IAC.

Issue:

Whether or not the lower courts/RTC has jurisdiction to answer constitutionality

Held:

Yes. This Court has declared that 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 review by the highest tribunal. 6 We have jurisdiction under the
Constitution to "review, revise, reverse, modify or affirm on appeal or certiorari, as the law or rules of
court may provide," final judgments and orders of lower courts in, among others, all cases involving
the constitutionality of certain measures. 7 This simply means that the resolution of such cases may
be made in the first instance by these lower courts.

Note: Article VIII Section 1 states that judicial power shall be vested in one Supreme Court and in
such lower courts as may be established by law.