Facts:
On January 13, 1984, the
petitioner transported six carabaos in a pump boat from Masbate to Iloilo when
the same was confiscated by the police station commander of Barotac Nuevo,
Iloilo for the violation of E.O. 626-A. A case was filed by the petitioner questioning
the constitutionality of executive order and the recovery of the carabaos. After
considering the merits of the case, the confiscation was sustained and the
court declined to rule on the constitutionality issue. The petitioner appealed
the decision to the Intermediate Appellate Court but it also upheld the ruling
of RTC.
Issue:
Is E.O. 626-A unconstitutional?
Ruling:
The Supreme Court found E.O. 626-A
unconstitutional. The executive act defined the prohibition, convicted the
petitioner and immediately imposed punishment, which was carried out
forthright. Due process was not properly observed.
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