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    632 MA Lichauco vs. Apostol

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    Carissa Cruz
    The petitioner, a corporation engaged in importing cattle, sought to import cattle from Pnom-Pehn for serum manufacture. However, the Director of Agriculture refused importation unless the cattle were immunized for rinderpest per an administrative order. The petitioner argued it had an absolute right to import under a general statute, while the respondent relied on a special statute allowing restrictions for communicable diseases. The Court ruled the special statute providing powers in disease situations was an exception to the general statute, and upheld the import restriction.

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    632 MA Lichauco vs. Apostol

    Uploaded by

    Carissa Cruz
    14 views2 pages
    The petitioner, a corporation engaged in importing cattle, sought to import cattle from Pnom-Pehn for serum manufacture. However, the Director of Agriculture refused importation unless the cattle were immunized for rinderpest per an administrative order. The petitioner argued it had an absolute right to import under a general statute, while the respondent relied on a special statute allowing restrictions for communicable diseases. The Court ruled the special statute providing powers in disease situations was an exception to the general statute, and upheld the import restriction.

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    The petitioner, a corporation engaged in importing cattle, sought to import cattle from Pnom-Pehn for serum manufacture. However, the Director of Agriculture refused importation unless the cattle were immunized for rinderpest per an administrative order. The petitioner argued it had an absolute right to import under a general statute, while the respondent relied on a special statute allowing restrictions for communicable diseases. The Court ruled the special statute providing powers in disease situations was an exception to the general statute, and upheld the import restriction.

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    © All Rights Reserved
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    14 views2 pages

    632 MA Lichauco vs. Apostol

    Uploaded by

    Carissa Cruz
    The petitioner, a corporation engaged in importing cattle, sought to import cattle from Pnom-Pehn for serum manufacture. However, the Director of Agriculture refused importation unless the cattle were immunized for rinderpest per an administrative order. The petitioner argued it had an absolute right to import under a general statute, while the respondent relied on a special statute allowing restrictions for communicable diseases. The Court ruled the special statute providing powers in disease situations was an exception to the general statute, and upheld the import restriction.

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    of 2

    LICHAUCO v.

    APOSTOL (MIEKO) states:


    December 4, 1922 | STREET, J. | General and special statutes SEC. 1770. Prohibition against bringing of animals from infected
    foreign countries. — When the Department Head shall by general
    order declare that a dangerous communicable animal disease
    PETITIONER: LICHAUCO & COMPANY, INC. prevails in any foreign country, port, or place and that there is
    danger of spreading such disease by the importation of domestic
    RESPONDENTS: SILVERIO APOSTOL
    animals therefrom, it shall be unlawful for any person knowingly
    to ship or bring into the Philippine Islands any such animal, animal
    SUMMARY: Petitioner is a corporation which desires to import from Pnom- effects, parts, or products from such place, unless the importation
    Pehn a shipment of draft cattle and bovine cattle for the manufacture of serum. thereof shall be authorized under the regulation of the Bureau of
    However, the Director of Agriculture refuses to admit said cattle, except upon Agriculture.
    the condition stated in Administrative Order No. 21 of the Bureau of Agriculture
    that said cattle shall have been immunized from rinderpest before embarkation at ISSUE/s:
    Pnom-Pehn. Petitioner asserts Sec. 1762 of the Administrative Code which 1. WON the restriction is valid? YES.
    provides them absolute right to import carabos. Respondents rely on Sec. 1770,
    which gives power to the Department Head to deal with the situation. The Court RULING: Upon the whole we are of the opinion that the petition does not show
    ruled that Sec. 1762 is of a general nature, while section 1770 deals with a sufficient ground for granting the writs of mandamus and injunction. The demurrer
    particular contingency. Section 1770 is therefore not to be considered as interposed thereto by the respondents in their return to the order to show cause, dated
    inconsistent with section 1762 but must be treated as a special qualification. October 7, 1922, is therefore sustained, and the temporary restraining order
    heretofore promulgated in this cause, dated September 21, 1922, is dissolved; and
    unless within five days after notification hereof the petitioner shall so amend his
    DOCTRINE: Where there are two acts or provisions, one of which is special
    petition as to show a sufficient cause of action, an order absolute will be entered,
    and particular, and certainly includes the matter in question, the special must be
    dismissing the same, with costs. So ordered. 
    taken as intended to constitute an exception to the general act or provision.

    RATIO:
    FACTS:
    1. Petitioner is a corporation engaged in importing carabao and other draft  Sec. 1762 is of a general nature, while section 1770 deals with a particular
    animals. It wants to import from Pnom-Pehn a shipment of draft cattle and contingency. Section 1770 is therefore not to be considered as
    bovine cattle for the manufacture of serum. The Director of Agriculture inconsistent with section 1762 but must be treated as a special
    refuses except upon the condition stated in Administrative Order No. 21 of qualification. The difference between the practical effect of the two
    the Bureau of Agriculture that said cattle shall have been immunized from provisions does not make then inconsistent in the sense that the earlier
    provision should be deemed repealed by the amendatory Act.
    rinderpest before embarkation.
     Sec. 1770 confers on the Department Head a special power to deal with the
    situation which arises when a dangerous communicable disease. This is the
    2. Petitioner asserts that under Section 1762 of the Administrative Code, as
    backbone of the power to enforce animal quarantine in these Islands in the
    amended by Act No. 3052 of the Philippine Legislature, it has "an absolute special emergency.
    and unrestricted right to import carabao and other draft animals and bovine  Where there are two acts or provisions, one of which is special and
    cattle for the manufacture of serum from Pnom-Pehn, Indo-China, into the particular, and certainly includes the matter in question, the special must be
    Philippine Islands". taken as intended to constitute an exception to the general act or provision,
    especially when such general and special acts or provisions are
    3. Respondents rely upon section 1770 of the Administrative Code which contemporaneous, as the Legislature is not to be presumed to have intended
    a conflict.

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