Ynot vs IAC; G.R. No. 74457; 20 Mar 1987; 148 SCRA 659

Petitioner transported six carabaos in a pumpboat from Masbate to Iloilo when the same was confiscated by the police station commander of Barotac Nuevo, Iloilo for violation of Executive Order 626-A.

Whether or not E.O. 626-A is unconstitutional.

YES. The challenged measure is an invalid exercise of the police power because the method employed to conserve the carabao is not reasonably necessary to the purpose of the law and, worse, is unduly oppressive. The conferment on the administrative authorities of the power to adjudge the guilt of the supposed offender is a clear encroachment on judicial functions and militates against the doctrine of separation of powers.

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Category: Legal Chyme

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