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CASE DIGEST TOBI

Friday, November 15, 2013 Blog Archive

► 2019 (7)
CASE DIGEST : US vs TURIBIO
► 2017 (29)
G.R. No. L-5060 January 26, 1910 THE UNITED STATES, plaintiff-appellee, vs. LUIS
TORIBIO, defendant-appellant. ► 2016 (6)
► 2014 (32)
Facts: Respondent Toribio is an owner of carabao, residing in the town of Carmen in the
province of Bohol. The trial court of Bohol found that the respondent slaughtered or caused
▼ 2013 (23)
to be slaughtered a carabao without a permit from the municipal treasurer of the municipality ▼ November (23)
wherein it was slaughtered, in violation of Sections 30 and 33 of Act No. 1147, an Act CASE DIGEST :
regulating the registration, branding, and slaughter of Large Cattle. The act prohibits the Kuroda vs
slaughter of large cattle fit for agricultural work or other draft purposes for human Jalandoni
consumption.
CASE DIGEST :
Victoriano Vs
The respondent counters by stating that what the Act is (1) prohibiting is the slaughter of ELIZALDE
large cattle in the municipal slaughter house without a permit given by the municipal ROPE
treasurer. Furthermore, he contends that the municipality of Carmen has no slaughter house WORKERS'...
and that he slaughtered his carabao in his dwelling, (2) the act constitutes a taking of
CASE DIGEST :
property for public use in the exercise of the right of eminent domain without providing for the Pamil Vs
compensation of owners, and it is an undue and unauthorized exercise of police power of the Teleron
state for it deprives them of the enjoyment of their private property.
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Issue: Whether or not Act. No. 1147, regulating the registration, branding and slaughter of
Bacani Vs
Nacoco
large cattle, is an undue and unauthorized exercise of police power.
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Held: It is a valid exercise of police power of the state. CABANAS vs
PILAPIL
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Facts: The Supreme court Said sections 30 and 33 of the Act prohibit and penalize the AGLIPAY VS
slaughtering or causing to be slaughtered for human consumption of large cattle at any place RUIZ
without the permit provided for in section 30
CASE DIGEST :
Where the language of a statute is fairly susceptible of two or more constructions, that Lasco Vs
construction should be adopted which will most tend to give effect to the manifest intent of UNITED
the lawmaker and promote the object for which the statute was enacted, and a construction NATIONS
should be rejected which would tend to render abortive other provisions of the statute and to REVOLVING
defeat the object which the legislator sought to attain by its enactment FU...
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The Supreme Court also said that if they will follow the contention of Toribio it will defeat the REPUBLIC vs
purpose of the law. VILLASOR
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The police power rests upon necessity and the right of self-protection and if ever the invasion
OPOSA vs
of private property by police regulation can be justified, The Supreme Court think that the
FACTORAN
reasonable restriction placed upon the use of carabaos by the provision of the law under
discussion must be held to be authorized as a reasonable and proper exercise of that power. CASE DIGEST :
PHARMACEUT
The Supreme Court cited events that happen in the Philippines like an epidemic that wiped ICAL Vs Duque
70-100% of the population of carabaos.. The Supreme Court also said that these animals are CASE DIGEST :
vested with public interest for they are fundamental use for the production of crops. These CIty Of
reasons satisfy the requesites of a valid exercise of police power Cagayan De
Oro Vs Pryce
The Supreme court finally said that article 1147 is not an exercise of the inherent power of Prop...
eminent domain. The said law does not constitute the taking of caraboes for public purpose; CASE DIGEST :
it just serve as a mere regulation for the consumption of these private properties for the ADIONG v.
protection of general welfare and public interest. COMELEC
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CABASARES
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