4 US V Toribio

2/3/2020 PHILIPPINE REPORTS ANNOTATED VOLUME 015 2/3/2020 PHILIPPINE REPORTS ANNOTATED VOLUME 015
86 PHILIPPINE REPORTS ANNOTATED
United States vs. Toribio.
1147 prohibiting and penalizing the

slaughter of carabaos for human
consumption which are fit for "agricultural
[No. 5060. January 26, 1910.] work and draft purposes," held to be a
reasonable and justifiable exercise of the
THE UNITED STATES, plaintiff and sovereign police power of the State, under
appellee, vs. Luis TORIBIO, defendant and the conditions existing in these Islands.
appellant.
4. ID.; ID.; ID.; APPROPRIATION OF
1. STATUTORY CONSTRUCTION; PRIVATE PROPERTY TO PUBLIC USE.
SLAUGHTER OF LARGE CATTLE.— —These provisions held not to constitute
Sections 30 and 33 of Act No. 1147 an appropriation of private property
construed. interests to a "public use" so as to bring
them within the principles of the exercise
2. ID.; ID.—Where the language of a statute by the State of the right of eminent domain
is fairly susceptible of two or more and to entitle the owners to compensation,
constructions, that construction should be being no more than a just restraint of an
adopted which will most tend to give effect injurious private use of property.
to the manifest intent of the lawmaker and
promote the object for which the statute 5. ID.; ID.; CIRCUMSTANCES JUSTIFYING
was enacted, and a construction should be USE OF THE POLICE POWER.—"To
rejected which would tend to render justify the State" in the exercise of its
abortive other provisions of the statute and sovereign police power "it must appear,
to defeat the object which the legislator first, that the interests of the public
sought to attain by its enactment. generally, as distinguished from those of a
particular class, require such interference;
3. ID.; ID.; POLICE POWER OF THE and, second, that the means are reasonably
STATE.—The provisions of Act No. necessary for the accomplishment of the
purpose, and not unduly oppressive upon
individuals." (Lawton vs. Steele, 152 U. S.,
86 133, 136.)
www.central.com.ph/sfsreader/session/000001700ae4bda6131daf10003600fb002c009e/t/?o=False 1/26 www.central.com.ph/sfsreader/session/000001700ae4bda6131daf10003600fb002c009e/t/?o=False 2/26

APPEAL from a judgment of the Court of "SEC. 30. No large cattle shall be slaughtered or
First Instance of Bohol. Wislizenus, J. killed for food at the municipal slaughterhouse
The f acts are stated in the opinion of the except upon permit secured from the municipal
court. treasurer. Before issuing the permit for the
Rodriguez & Del Rosario, for appellant. slaughter of large cattle for human consumption,
Attorney-General Villamor, for appellee. the municipal treasurer shall require for branded
cattle the production of the original certificate of
CARSON, J.: ownership and certificates of transfer showing title
in the person applying for the permit, and for
The evidence of record fully sustains the unbranded cattle such evidence as may satisfy said
findings of the trial court that the appellant treasurer as to the ownership of the animals for
slaughtered or caused to be slaughtered for which permit to slaughter has been requested.
human consumption, the carabao described in "SEC. 31. No permit to slaughter carabaos shall
the information, without a permit from the be granted by the municipal treasurer unless such
municipal treasurer of the municipality animals are unfit for agricultural work or for draft
wherein it was slaughtered, in violation of the purposes, and in no event shall a permit be given
provisions of sections 30 and 33 of Act No. to slaughter for food any animal of any kind which
1147, an Act regulating the registration, is not fit for human consumption.
branding, and slaughter 01 large cattle. "SEC. 32. The municipal treasurer shall keep a
It appears that in the town of Carmen, in record of all permits for slaughter issued by him,
the Province of Bohol, wherein the animal and such record shall show the name and
was slaughtered there is no municipal residence of the owner, and the class, sex, age,
slaughterhouse, and counsel for appellant brands, knots of radiated hair commonly known as
contends that under such circumstances the remolinos or cowlicks, and other marks of
provisions of Act No. 1147 do not prohibit nor identification of the animal for the slaughter of
penalize the slaughter of large cattle without which permit is issued and the date on which such
a permit of the municipal treasurer. permit is issued. Names of owners shall be
87 alphabetically arranged in the record, together
with date of permit.
"A copy of the record of permits granted for
VOL. 15, JANUARY 26, 1910 87 slaughter shall be forwarded monthly to the
United States vs. Toribio. provincial treasurer, who shall file and properly
index the same under the name of the owner,
Sections 30, 31, 32, and 33 of the Act are as together with date of permit.
follows: "SEC. 33. Any person slaughtering or causing to
be slaughtered for human consumption or killing
for food at the municipal slaughterhouse any large and (2) expressly and specifically to the
cattle except upon permit duly secured from the killing for food of large cattle at a municipal
municipal treasurer, shall be punished by a fine of slaughterhouse without such permit; and that
not less than ten nor more than five hundred the penalty provided in section 33 applies
pesos, Philippine currency, or by imprisonment for generally to the slaughter of large cattle for
not less than one month nor more than six months, human consumption, anywhere, without a
or by both such fine and imprisonment, in the permit duly secured from the municipal
discretion of the court." treasurer, and specifically to the killing for
food of large cattle at a municipal
88
slaughterhouse without such permit.
It may be admitted at once, that the
88 PHILIPPINE REPORTS ANNOTATED pertinent language of these sections taken by
itself and examined apart from the context
fairly admits of two constructions: one
whereby the phrase "at the municipal
It is contended that the proper construction of slaughterhouse" may be taken as limiting and
the language of these provisions limits the restricting both the word "slaughtered" and
prohibition contained in section 30 and the the words "killed for food" in section 30, and
penalty imposed in section 33 to cases (1) of the words "slaughtering or causing to be
slaughter of large cattle f or human slaughtered for human consumption" and the
consumption in a municipal slaughterhouse words "killing for food" in section 33; and the
without a permit duly secured from the other whereby the phrase "at the municipal
municipal treasurer, and (2) cases of killing of slaughterhouse" may be taken as limiting and
large cattle for food in a municipal restricting merely the words "killed for food"
slaughterhouse without a permit duly secured and "killing for food" as used in those
from the municipal treasurer; and it is urged sections. But upon a reading of the whole Act,
that the municipality of Carmen not being and keeping in mind the manifest and
provided with a municipal slaughterhouse, expressed pur-
neither the prohibition nor the penalty is
applicable to cases of slaughter of large cattle 89
without a permit in that municipality.
We are of opinion, however, that the
VOL. 15, JANUARY 26, 1910 89
prohibition contained in section 30 refers (1)
to the slaughter of large cattle for human United States vs. Toribio.
consumption, anywhere, without a permit
duly secured from the municipal treasurer,
pose and object of its enactment, it is very slaughtered, and this especially if the animals
clear that the latter construction is that were slaughtered privately or in a clandestine
which should be adopted. manner, outside of a municipal
The Act primarily seeks to protect the slaughterhouse. Hence, as it would appear,
"large cattle" of the Philippine Islands against sections 30 and 33 prohibit and penalize the
theft and to make easy the recovery and slaughter f or human consumption or killing f
return of such cattle to their proper owners, or f ood at a municipal slaughterhouse of such
when lost, strayed, or stolen. To this end it animals without a permit issued by the
provides an elaborate and compulsory system municipal treasurer, and section 32 provides
for the separate branding and registry of for the keeping of detailed records of all such
ownership of all such cattle throughout the permits in the office of the municipal and also
Islands, whereby owners are enabled readily of the provincial treasurer.
and easily to establish their title; it prohibits If, however, the construction be placed on
and invalidates all transfers of large cattle these sections which is contended for by the
unaccompanied by certificates of transfer appellant, it will readily be
issued by the proper officer in the
90
municipality where the contract of sale is
made; and it provides also for the disposition
of estrays and animals recovered from the 90 PHILIPPINE REPORTS ANNOTATED
possession of thieves or persons unlawf ully in
possession, so as to protect the rights of the
true owners. All this, manifestly, in order to
make it difficult for any one but the rightful seen that all these carefully worked out
owner of such cattle to retain them in his provisions for the registry and record of the
possession or to dispose of them to others. But brands and marks of identification of all large
the usefulness of this elaborate and cattle in the Islands would prove in large part
compulsory system of identification, resting abortive, since thieves and persons
as it does on the official registry of the brands unlawfully in possession of such cattle could,
and marks on each separate animal and naturally would, evade the provisions of
throughout the Islands, would be largely the law by slaughtering them outside of
impaired, if not totally destroyed, if such municipal slaughterhouses, and thus enjoy
animals were permitted to be slaughtered for the fruits of their wrongdoing without
human consumption without requiring proof exposing themselves to the danger of
of ownership and the production of detection incident to the bringing of the
certificates of registry by the person animals to the public slaughterhouse, where
slaughtering or causing them to be the brands and other identification marks
might be scrutinized and proof of ownership Similar reasoning applied to the specific
required. provisions of
Where the language of a statute is fairly
91
susceptible of two or more constructions, that
construction should be adopted which will
most tend to give effect to the manifest intent VOL. 15, JANUARY 26, 1910 91
of the lawmaker and promote the object for
which the statute was enacted, and a
construction should be rejected which would
tend to render abortive other provisions of the section 31 of the Act leads to the same
statute and to defeat the object which the conclusion. One of the secondary purposes of
legislator sought to. attain by its enactment. the law, as set out in that section, is to
We are of opinion, therefore, that sections 30 prevent the slaughter for food of carabaos fit
and 33 of the Act prohibit and penalize the for agricultural and draft purposes, and of all
slaughtering or causing to be slaughtered for animals unfit for human consumption. A
human consumption of large cattle at any construction which would limit the
place without the permit provided for in prohibitions and penalties prescribed in the
section 30. statute to the killing of such animals in
It is not essential that an explanation be municipal slaughterhouses, leaving
found for the express prohibition in these unprohibited and unpenalized their slaughter
sections of the "killing for food at a municipal outside of such establishments, so manifestly
slaughterhouse" of such animals, despite the tends to defeat the purpose and.object of the
fact that this prohibition is clearly included in legislator, that unless imperatively demanded
the general prohibition of the slaughter of by the language of the statute it should be
such animals for human consumption rejected; and, as we have already indicated,
anywhere; but it is not improbable that the the language of the statute is clearly
requirement for the issue of a permit in such susceptible of the construction which we have
cases was expressly and specifically placed upon it, which tends to make effective
mentioned out of superabundance of the provisions of this as well as all the other
precaution, and to avoid all possibility of sections of the Act.
misunderstanding in the event that some of It appears that the defendant did in fact
the municipalities should be disposed to apply for a permit to slaughter his carabao,
modify or vary the general provisions of the and that it was denied him on the ground
law by the passage of local ordinances or that the animal was not unfit "for
regulations for the control of municipal agricultural work or for draft purposes."
slaughterhouses. Counsel for appellant contends that the
statute, in so far as it undertakes to penalize gravel, or sand, from any of the beaches in the
the slaughter of carabaos for human town of Chelsea), that the law in question "is
consumption as food, without first obtaining a not a taking of the property for public use,
permit which can not be procured in the event within the meaning of the constitution, but is
that the animal is not unfit "for agricultural a just and legitimate exercise of the power of
work or for draft purposes," is the legislature to regulate and restrain such
unconstitutional and in violation of the terms particular use of the property as would be
of section 5 of the Philippine Bill (Act of inconsistent with or injurious to the rights of
Congress, July 1, 1902), which provides that the public. All property is acquired and held
"no law shall be enacted which shall deprive under the tacit condition that it shall not be
any person of life, liberty, or property without so used as to injure the equal rights of others
due process of law." or greatly impair the public rights and
It is not quite clear f rom the argument of interests of the community."
counsel whether his contention is that this It may be conceded that the beneficial use
provision of the statute constitutes a taking of and exclusive enjoyment of the property of all
property for public use in the exercise of the carabao owners in these Islands is to a
right of eminent domain without providing for greater or less degree interfered with by the
the compensation of the owners, or that it is provisions of the statute; and that, without
an undue and unauthorized exercise of the inquiring what quantum of interest thus
police power of the State. But whatever may passes from the owners of such cattle, it is an
be the basis of his contention, we are of interest the deprivation of which detracts
opinion, appropriating, with necessary from their right and authority, and in some
modifications understood, the language of degree interferes with their exclusive
that great jurist, Chief Justice Shaw possession and control of their property, so
that if the regulations in question were
92
enacted for purely private purposes, the
statute, in so far as these regulations are
92 PHILIPPINE REPORTS ANNOTATED concerned, would be a violation of the
provisions of the Philippine Bill relied on by
appellant; but we are satisfied that it is not
such a taking, such an interference with the
(in the case of Com. vs. Tewksbury, 11 Met., right and title of the owners, as is involved in
55, where the question involved was the the exercise by the State of the right of
constitutionality of a statute prohibiting and eminent domain, so as to entitle these owners
penalizing the taking or carrying away by any to compensation, and that it is no more than
person, including the owner, of any stones, "a just restraint of an injurious private use of
the property, which the legislature had "This is very different from the right of eminent
authority to impose." domain, the right of a government to take and
In the case of Com. vs. Alger (7 Cush., 53, appropriate private property to public use,
84), wherein the doctrine laid down in Com. whenever the public exigency requires it; which
vs. Tewksbury (supra) was reviewed and can be done only on condition of providing a
affirmed, the same eminent jurist who wrote reasonable compensation therefor. The power we
the former opinion, in distinguishing the allude to is rather the police power, the power
exercise of the vested in the legislature by the constitution, to
make, ordain, and establish all manner of
93
wholesome and reasonable laws, statutes, and
ordinances, either with penalties or without, not
VOL. 15, JANUARY 26, 1910 93 repugnant to the constitution, as they shall judge
to be for the good and welfare of the
commonwealth, and of the subjects of the same.
""It is much easier to perceive and realize the
right of eminent domain from the exercise of existence and sources of this power than to mark
the sovereign police powers of the State, said: its boundaries or prescribe limits to its exercise."
"We think it is a settled principle, growing out of
Applying these principles, we are of opinion
the nature of well-ordered civil society, that every
that the restraint placed by the law on the
holder of property, however absolute and
slaughter for human consumption of carabaos
unqualified may be his title, holds it under the
fit for agricultural work and draft purposes is
implied liability that his use of it may be so
not an appropriation of property interests to a
regulated that it shall not be injurious to the equal
"public use," and is not, therefore, within the
enjoyment of others having an equal right to the
principles of the exercise by the State of the
enjoyment of their property, nor injurious to the
right of eminent domain.
rights of the community. * * * Rights of property,
like all other social and conventional rights, are 94
subject to such reasonable limitations in their
enjoyment as shall prevent them from being
94 PHILIPPINE REPORTS ANNOTATED
injurious, and to such reasonable restraints and
regulations established by law, as the legislature, United States vs. Toribio.
under the governing and controlling power vested
in them by the constitution, may think necessary It is in fact a mere restriction or limitation
and expedient. upon a private use, which the legislature
deemed to be detrimental to the public

welfare. And we think that an examination of with sufficient work animals to cultivate the
the general provisions of the statute in fields the arable rice lands of the country
relation to the public interests which it seeks could easily be made to produce a supply
to safeguard and the public necessities for more than sufficient for its own needs. The
which it provides, leaves no room for doubt drain upon the resources of the Islands was
that the limitations and restraints imposed such that famine soon began to make itself
upon the exercise of rights of ownership by felt, hope sank in the breasts of .the people,
the particular provisions of the statute under and in many provinces the energies of the
consideration were imposed not for private breadwinners seemed to be paralyzed by the
purposes but, strictly, in the promotion of the apparently hopeless struggle for existence
"general welfare" and "the public interest" in with which they were confronted.
the exercise of the sovereign police power
95
which every State possesses for the general
public welfare and which "reaches to every
species of property within the VOL. 15, JANUARY 26, 1910 95
commonwealth."
For several years prior to the enactment of
the statute a virulent contagious or infectious
disease had threatened the total extinction of To meet these conditions, large sums of
carabaos in these Islands, in many sections money were expended by the Government in
sweeping away seventy, eighty, and in some relieving the immediate needs of the starving
cases as much as ninety and even one people, three millions of dollars were voted by
hundred per cent of these animals. the Congress of the United States as a relief
Agriculture being the principal occupation of or famine fund, public works were
the people, and the carabao being the work undertaken to furnish employment in the
animal almost exclusively in use in the fields provinces where the need was most pressing,
as well as for draft purposes, the ravages of and every effort made to alleviate the
the disease with which they were infected suffering incident to the widespread failure of
struck an almost vital blow at the material the crops throughout the Islands, due in large
welfare of the country. Large areas of measure to the lack of animals fit for
productive land lay waste for years, and -the agricultural work and draft purposes.
production of rice, the staple food of the Such measures, however, could only
inhabitants of the Islands, fell off to such an temporarily relieve the situation, because in
extent that the impoverished people were an agricultural community material progress
compelled to spend many millions of pesos in and permanent prosperity could hardly be
its importation, notwithstanding the fact that hoped for in the absence of the work animals
upon which such a community must 96 PHILIPPINE REPORTS ANNOTATED

necessarily rely for the cultivation of the United States vs. Toribio.
fields and the transportation of the products
of the fields to market. Accordingly efforts
at a high figure until the natural increase
were made by the Government to increase the
shall have more nearly equalized the supply
supply of these animals by importation, but,
to the demand.
as appears from the official reports on this
Coincident with and probably intimately
subject, hope for the future depended largely
connected with this sudden rise in the price of
on the conservation of those animals which
cattle, the crime of cattle stealing became
had been spared from the ravages of the
extremely prevalent throughout the Islands,
disease, and their redistribution throughout
necessitating the enactment of a special law
the Islands where the need for them was
penalizing with the severest penalties the
greatest.
theft of carabaos and other personal property
At large expense, the services of experts -
by roving bands; and it must be assumed from
were employed, with a view to the discovery
the enactment of the statute under
and application of preventive and curative
consideration that the legislative authority
remedies, and it is hoped that these measures
found that the general welfare of the Islands
have proved in some degree successful in
necessitated the enactment of special and
protecting the present inadequate supply of
somewhat burdensome provisions for the
large cattle, and that the gradual increase
branding and registration of large cattle, and
and redistribution of these animals
the supervision and restriction of their
throughout the Archipelago, in response to
slaughter for food. It will hardly be
the operation of the laws of supply and
questioned that the provisions of the statute
demand, will ultimately result in practically
touching the branding and registration of
relieving those sections which suffered most
such cattle, and prohibiting and penalizing
by the loss of their work animals.
the slaughter of diseased cattle for food were
As was to be expected under such
enacted in the due and proper exercise of the
conditions, the price of carabaos rapidly
police power of the State; and we are of
increased from three to five fold or more, and
opinion that, under all the circumstances, the
it may fairly be presumed that even if the
provisions of the statute prohibiting and
conservative measures now adopted prove
penalizing the slaughter f or human
entirely successf ul, the scant supply will
consumption of carabaos fit for work were in
keep the price of these animals
like manner enacted in the due and proper
96 exercise of that power, justified by the exigent
necessities of existing conditions, and the
right of the State to protect itself against the protection, and if ever the invasion of private
overwhelming disasters incident to the property by police regulation can be justified,
further reduction of the supply of animals fit we think that the reasonable restriction
for agricultural work or draft purposes. placed upon the use of carabaos by the
It is, we think, a fact of common knowledge provision of the law under discussion must be
in these Islands, and disclosed by the official held to be authorized as a reasonable and
reports and records of the administrative and proper exercise of that power.
legislative departments of the Government, As stated by Mr. Justice Brown in his
that not merely the material welfare and opinion in the case of Lawton vs. Steele (152
future prosperity of this agricultural U. S., 133, 136) :
community were threatened by the ravages of "The extent and limits of what is known as
the disease which swept away the work the police power have been a fruitful subject
animals during the years prior to the of discussion in the appellate courts of nearly
enactment of the law under consideration, but every State in the Union. It is universally
that the very life and existence of the conceded to include everything essential to
inhabitants of these Islands as a civilized the public safety, health, and morals, and to
people would be more or less imperiled by the justify the destruction or abatement, by
continued destruction of summary proceedings, of whatever may be
regarded as a public nuisance. Under this
97
power it has been held that the State may
order the destruction of a house falling to
VOL. 15, JANUARY 26, 1910 97 decay or otherwise endangering the lives of
passers-by; the demolition of such as are in
the path of a conflagration; the slaughter of
diseased cattle; the destruction of decayed or
large cattle by disease or otherwise. unwholesome food; the prohibition of wooden
Confronted by such conditions, there can be buildings in cities; the regulation of railways
no doubt of the right of the Legislature to and other means of public conveyance, and of
adopt reasonable measures for the interments in burial grounds; the restriction
preservation of work animals, even to the of objectionable trades to certain localities;
extent of prohibiting and penalizing what the compulsory vaccination of children; the
would, under ordinary conditions, be a confinement of the insane or those afflicted
perfectly legitimate and proper exercise of with contagious diseases; the restraint of
rights of ownership and control of the private vagrants, beggars, and habitual drunkards;
property of the citizen. The police power rests the suppression of obscene publications and
upon necessity and the right of self- houses of ill fame; and the prohibition of
gambling houses and places where the statute under consideration was required
intoxicating liquors are sold. by "the interests of the public generally, as
distinguished from those of a particular
98
class;" and that the prohibition of the
slaughter of carabaos for human
98 PHILIPPINE REPORTS ANNOTATED consumption, so long as these animals are fit
for agricultural work or draft purposes was a
"reasonably necessary" limitation on private
ownership, to protect the community from the
Beyond this, however, the State may. interfere loss of the services of such animals by their
wherever the public interests demand it, and slaughter by improvident owners, tempted
in this particular a large discretion is either by greed of momentary gain, or by a
necessarily vested in the legislature to desire to enjoy the luxury of animal food, even
determine, not only what the interests of the when by so doing the productive power of the
public require, but what measures are community may be measurably and
necessary for the protection of such interests. dangerously affected.
(Barbier vs. Connolly, 113 U. S., 27; Kidd vs. Chief Justice Redfield, in Thorpe vs.
Pearson, 128 U. S., 1.) To justify the State in Rutland & Burlington R. R. Co. (27 Vt, 140),
thus interposing its authority in behalf of the said (p. 149) that by this "general police
public, it must appear, first, that the interests power of the State, persons and property are
of the public. generally, as distinguished f subjected to all kinds of restraints and
rom those of a particular class, require such burdens, in order
interference; and, second, that the means are
reasonably necessary for the accomplishment 99
of the purpose, and not unduly oppressive
upon individuals. The legislature may not,
VOL. 15, JANUARY 26, 1910 99
under the guise of protecting the public
interests, arbitrarily interfere with private United States vs. Toribio.
business, or impose unusual and unnecessary
restrictions upon lawful occupations. In other to secure the general comfort, health, and
words, its determination as to what is a prosperity of the State; of the perfect right in
proper exercise of its police powers is not final the legislature to do which, no question ever
or conclusive, but is subject to the supervision was, or, upon acknowledged and general
of the courts." principles, ever can be made, so far as natural
From what has been said, we think it is persons are concerned."
clear that the enactment of the provisions of
And Cooley in his "Constitutional prevent the owners of water-fronts from

Limitations" (6th ed., p. 738) says: building out on soil which constitutes private
"It would be quite impossible to enumerate property. And, whenever the legislature deem
all the instances in which the police power is it necessary to the protection of a harbor to f
or may be exercised, because the various orbid the removal
cases in which the exercise by one individual
100
of his rights may conflict with a similar
exercise by others, or may be detrimental to
the public order or safety, are infinite in 100 PHILIPPINE REPORTS ANNOTATED
number and in variety. And there are other
cases where it becomes necessary for the
public authorities to interfere with the control
by individuals of their property, and even to of stones, gravel, or sand from the beach, they
destroy it, where the owners themselves have may establish regulations to that effect under
fully observed all their duties to their f ellows penalties, and make them applicable to the
and to the State, but where, nevertheless, owners of the soil equally with other persons.
some controlling public necessity demands Such regulations are only 'a just restraint of
the interference or destruction. A strong an injurious use of property, which the
instance of this description is where it legislature have authority' to impose.
becomes necessary to take, use, or destroy the "So a particular use of property may
private property of individuals to prevent the sometimes be forbidden, where, by a change
spreading of a fire, the ravages of a of circumstances, and without the fault of the
pestilence, the advance of a hostile army, or owner, that which was once lawful, proper,
any other great public calamity. Here the and unobjectionable has now become a public
individual is in no degree in fault, but his nuisance, endangering the public health or
interest must yield to that 'necessity' which the public safety. Milldams are sometimes
'knows no law/ The establishment of limits destroyed upon this ground; and churchyards
within the denser portions of cities and which prove, in the advance of urban
villages within which buildings constructed of population, to be detrimental to the public
inflammable materials shall not be erected or health, or in danger of becoming so, are liable
repaired may also, in some cases, be to be closed against further use for cemetery
equivalent to a destruction of private purposes."
property; but regulations for this purpose These citations from some of the highest
have been sustained notwithstanding this judicial and text-book authorities in the
result. Wharf lines may also be established United States clearly indicate the wide scope
for the general good, even though they and extent which has there been given to the
doctrine of the sovereign police power of the

State, and confirm us in our opinion that the
provision of the statute in question being a
proper exercise of that power is not in
violation of the terms of section 5 of the
Philippine Bill, which provide that "no law
shall be enacted which shall deprive any
person of life, liberty, or property without due
process of law," a provision which itself is
adopted from the Constitution of the United
States, and is f ound in substance in the
constitution of most if not all of the States of
the Union.
The judgment of conviction and the
sentence imposed by the trial court should be
affirmed with the costs of this instance
against the appellant. So ordered.
Arellano, C. J., Torres, Johnson,

Moreland, and Elliott, JJ., concur.
Judgment affirmed.
101
VOL. 15, JANUARY 26, 1910 101

Chanco vs. Municipality of Romblon.
© Copyright 2020 Central Book Supply, Inc. All rights reserved.

4 US V Toribio

Uploaded by

Document Information

Original Title

Copyright

Available Formats

Share this document

Share or Embed Document

Sharing Options

Did you find this document useful?

Is this content inappropriate?

Copyright:

Available Formats

4 US V Toribio

Uploaded by

Copyright:

Available Formats

2/3/2020 PHILIPPINE REPORTS ANNOTATED VOLUME 015 2/3/2020 PHILIPPINE REPORTS ANNOTATED VOLUME 015

86 PHILIPPINE REPORTS ANNOTATED

United States vs. Toribio.

1147 prohibiting and penalizing the

www.central.com.ph/sfsreader/session/000001700ae4bda6131daf10003600fb002c009e/t/?o=False 1/26 www.central.com.ph/sfsreader/session/000001700ae4bda6131daf10003600fb002c009e/t/?o=False 2/26

www.central.com.ph/sfsreader/session/000001700ae4bda6131daf10003600fb002c009e/t/?o=False 13/26 www.central.com.ph/sfsreader/session/000001700ae4bda6131daf10003600fb002c009e/t/?o=False 14/26

upon which such a community must 96 PHILIPPINE REPORTS ANNOTATED

And Cooley in his "Constitutional prevent the owners of water-fronts from

doctrine of the sovereign police power of the

Arellano, C. J., Torres, Johnson,

VOL. 15, JANUARY 26, 1910 101

© Copyright 2020 Central Book Supply, Inc. All rights reserved.

www.central.com.ph/sfsreader/session/000001700ae4bda6131daf10003600fb002c009e/t/?o=False 25/26 www.central.com.ph/sfsreader/session/000001700ae4bda6131daf10003600fb002c009e/t/?o=False 26/26

You might also like