Ynot vs IAC - A case Digest

RESTITUTO YNOT -petitioner; an owner of carabaos

Station Commander, Integrated National Police, Barotac Nuevo, Iloilo & the Regional Director, Bureau of Animal Industry, Region IV- respondents

Type of petition filed: PETITION FOR CERTIORARI

FACTS:

Petitioner was charged of violation of EO 626 when he transported six carabaos in a pump boat from Masbate to Iloilo on January 13, 1984, when they were confiscated by the police station commander of Barotac Nuevo, Iloilo, for violation of the above measure. 1 The petitioner sued for recovery, and the Regional Trial Court of Iloilo City issued a writ of replevin upon his filing of a supersedeas bond of P12,000.00.

Petitioner raised the issue of EOs constituitonality and filed case in the lower court. However, the court sustained the 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 raised by the petitioner. Therefore, petitioner appealed the decsion to IAC with the following contentions:

1. EO is unconstitutional as confiscation is outright

2. Penalty is invalid as it is imposed without the owner's right to be heard before a competent and impartial court.

3. Measure should have not been presumed

4. Raises a challenge to the improper exercise of the legislative power by the former President.

ISSUE:

Whether Executive Order No. 626-A is constitutional or not.

HELD:

Petiton is GRANTED with the following justifications:

1. Right of the petitioner to question for constitutionality is valid as theres no exigency showing to justify the exercise of this extraordinary power of the President2. Properties involved were not even inimical per se as to require their instant destrcution3. Case involved roving commission and invalid delegation of powers and invalid exercise of police power4. Due process is violated because the owner is denied the right to be heard in his defense and was immedeiately condemned and punish