Ynot vs.

Intermediate Appellate Court

G.R. No. 74457 March 20, 1987

Facts:

 On January 13, 1984, petitioner Restituto Ynot transported six carabaos in a pump boat from
Masbate to Iloilo. Upon arrival in Iloilo, the police station commander confiscated the carabaos
alleging violation of EO 626-A (amending E.O 626 – an order prohibiting slaughtering of
carabaos and buffalos for the protection of small farmers). Said EO 626-A prohibited
interprovincial movement of carabaos and carabeefs; while giving discretion to gov’t officers to
decide regarding the confiscated carabaos and carabeefs.
 Petitioner sued for recovery with RTC of Iloilo claiming that EO 626-A is unconstitutional.
Without ruling on the constitutionality issue, RTC sustained the confiscation of the carabaos.
Petitioner filed an appeal with IAC but was denied. Hence, this petition for review on certiorari.
 Petitioner assailed the constitutionality of EO 626-A on the grounds of: 1) lack of due process as
there was outright denial of right to be heard; 2) improper exercise of legislative power.

Issue:

 WON EO626-A is unconstitutional.

Ruling:

 Yes! EO 626-A is an invalid exercise of police power because the method employed to conserve
the carabaos is not reasonably necessary to the purpose of the law.
  Due process is violated because the owner of property confiscated is denied the right to be
heard, and is immediately condemned and punished. Moreover, the power to adjudge the guilt of
supposed offender is clear encroachment of judicial functions and militates against the doctrine
of separation of powers.
 There is invalid delegation of legislative powers to the officers mentioned therein who are
granted unlimited discretion in the distribution of the properties arbitrarily taken.
 Petition is GRANTED! IAC (Court of Appeals) decision is reversed.

Who may exercise the power of Judicial Review?

SC: “The lower courts are not prevented from resolving constitutional questions. We have jurisdiction
under the Constitution to "review, revise, reverse, modify or affirm on appeal or certiorari, as the law or
rules of court may provide," final judgments and orders of lower courts in, among others, all cases
involving the constitutionality of certain measures. “

*”Presumption of constitutionality is not conclusive and maybe rebutted. If there be a clear showing of
their invalidity, and of the need to declare them so, then "will be the time to make the hammer fall, and
heavily.”