US vs. Toribio

US vs. Toribio

G.R. No. L-5060

January 26, 1910

Facts:

Luis Toribio was charged for violation of sections 30 and 33 of Act No. 1147, an Act regulating the regi registrat stration ion,, bran branding ding,, and slaughter slaughter of larg large e cat cattle tle for slau slaughte ghtering ring a cara carabao bao with without out securing a perit fro the unicipal treasurer of the unicipalit! of "aren, #ohol. #ut he contended that the provisions of Act No. 1147 do not prohibit or penali$e the slaughtering of  large cattle without a perit of the unicipal treasurer. %hat the act prohibits is the slaughtering and &illing of large cattle for food or huan consuption in a municipal slaughterhouse without a perit secured fro the unicipal treasurer. 'e also added that the unicipalit! of "aren has no unicipal slaughterhouse, so therefore, the said law is not applicable in his case. (oreover, it was found out that Toribio applied for a perit to slaughter his carabao but it was denied on hi because the anial was fit for agricultural wor&. Toribio)s counsel defended that the statute is unconstitutional and in violation of section * of the +hilippine #ill which provides that no law shall be enacted which shall deprive an! person of life, libert!, or propert! without due process of law. Issue: %hether Issue:  %hether or not Act. No. 1147, regulating the registration, branding and slaughter of large cattle, is an undue and unauthori$ed e-ercise of police power. 'eld No. Act No. 1147 is an authori$ed e-ercise of police power. The /" held that the said law is a ust and legitiate e-ercise of the power of the legislature in order to regulate and restrain the use of the propert! to prevent the ipairent of public rights and interest of the counit!. (oreover, in order for the state to be ustified of e-ercising the police power, the interest of the public ust be considered and that the eans are reasonabl! necessar! and not oppressive aong individuals. ro this, the said law enacted is for the prootion of the general welfare in the e-ercise of the sovereign police power with a purpose of  inii$ing the crie of cattle stealing which is necessar! because of the +hilippine)s condition fro the past. Therefore, this law possessed the re2uireents for a valid e-ercise of police power.

(oreover, (oreove r, the /" also ustified ustified that the said statute is not an e-ercise of the inherent power  of einent doain because the ta&ing of carabaos is not for the public purpose, and that t he provision of the statute is not a violation of the ters of section * of the +hilippine #ill. Therefore, the /" affired that Toribio is convicted for the violation of Act No. 1147.