Sunday, July 21, 2013

RESTITUTO YNOT vs. INTERMEDIATE APPELLATE COURT (148 SCRA 659) Case Digest


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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