Ynot vs Intermediate Appellate Court

Ynot vs Intermediate Appellate Court GR No. L-74457, March 20, 1987 FACTS: In 1980 President Marcos amended Executive Order No. 626-A which orders that no carabao carabao and carabeef carabeef shall be transported transported from one province province to another; another; such violation violation shall be subjec subjectt to confis confiscat cation ion and forfei forfeitur turee by the governm government ent,, to be distr distribu ibuted ted to charit charitabl ablee instit instituti utions ons and other other simil similar ar instit instituti utions ons as the Chairm Chairman an of the Nation National al Meat Meat Inspect Inspection ion Commission may see fit for the carabeef and to deserving farmers through dispersal as the Director of Animal Industry may see fit in the case of the carabaos. On Januar January y 13, 1984, 1984, Petiti Petitioner oner’s ’s 6 caraba carabaos os were were confisc confiscate ated d by the police police statio station n commander of Barotac Nuevo, Iloilo for having been transported from Masbate to Iloilo in violation of EO 626-A. He issued a writ for  replevin, replevin , challenging the constitutionality of said EO. The trial court sustained the confiscation of the animals and declined to rule on the validity of the law on the ground that it lacked authority to do so. Its decision was affirmed by the IAC. Hence, this petition for review filed by Petitioner. ISSUE: Whether or not police power is properly enforced HELD:  NO. The protection protection of the general welfare welfare is is the particular particular function function of the police police power  which both restraints and is restrained by due process. The police power is simply defined as the   pow power er inhe inhere rent nt in the the Stat Statee to regu regula late te libe libert rty y and and prope propert rty y for for the the prom promot otio ion n of the the general welfare. As long as the activity or the property has some relevance to the public welfare, its regulation under the police power is not only proper but necessary. In the case at bar, E.O. 626-A has the same lawful subject as the original original executive order (E.O. 626 as cited in Toribio Toribio case) but NOT the same lawful method. The reasonable connection between the means employed and the purpose sought to be achieved by the questioned measure is missing. 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, worse, is unduly un duly oppressive.