YNOT V.

IAC ISSUE:
148 SCRA 659  W/N E.O 626-A IS UNCONSITUTIONAL FOR BEING
* Petitioner assails constitutionality of E.O. No. 626-A prohibiting the INVALID EXERCISE OF POLICE POWER?
interprovincial movement of carabaos and the slaughtering of
carabaos. E.O. No. 626-A was held unconstitutional for violating the  DID IT COMPLY WITH THE LAWFUL MEANS TEST ?
due process clause.
HELD:
FACTS:
 Petitioner Restituto Ynot had transmitted 6 carabaos in a pump The Supreme Court held E.O 626 unconstitutional. The executive
boat from Masbate to Iloilo when they were confiscated by the act defined the prohibition, convicted the petitioner and immediately
police station commander of Barotac for violating Executive imposed punishment, which was carried out forthright. Due Process
Order No. 626-A was not properly observed.
 Executive Order No. 626-A prohibits the interprovincial
movement of carabaos and the slaughtering of carabaos. The said order though it complied with the lawful subject test,
Carabao/carabeef transported in violation of E.O. 626-A shall since there is a compelling sate interest it failed to comply with the
be subject to confiscation and forfeiture by the govt, to be lawful means test there is no reasonable connection between
distributed to charitable institutions as Chairman of National Meat conservation of carabaos (not having them slaughtered) and the
Inspection may see fit (carabeef) and to deserving farmers as the means: non-transportation of carabaos.
Director of Animal Industry may see fit (carabao). This amended
E.O. 626; the latter prohibiting only the slaughter of carabaos
of age.
 Petitioner sued for recovery; RTC issued writ of replevin after
petitioner filed supersedeas bong of P12,000.00
- Trial Court Decision: confiscation of carabaos—sustained;
Petitioner appealed the decision to the Intermediate Appellate
Court (IAC); IAC upheld the TC.
Petitioner’s arguments:
*E.O. is unconstitutional. It authorizes outright confiscation of
carabao or carabeef being transported across
provincial boundaries.