Case Digest: US vs. Toribio; 15 Phil 85 (1910)

               Due Process | Constitutional Law


Facts:
Luis Toribio was found by the trial court of Bohol violating Sections 30 and 33 of Act No. 1147, an Act regulating the registration, branding, and slaughter of Large Cattle. The act prohibits the slaughter of large cattle fit for agricultural work or other draft purposes for human consumption. Appellant Toribio slaughtered or caused to be slaughtered his carabao without a permit from the municipal treasurer of the municipality.


Issue:
WoN Act. 1147 deprives a person his property without due process of law. 

Held: 
The restrain placed by the law on the slaughter for human consumption of carabaos fit for agricultural work and draft purpose is not an appropriation of property interests to a "public use," and is not, therefore, within the principle of the exercise by the State of the right of eminent domain. It is fact a mere restriction or limitation upon a private use, which the legislature deemed to be determental to the public welfare. And we think that an examination of the general provisions of the statute in relation to the public interest which it seeks to safeguard and the public necessities for which it provides, leaves no room for doubt that the limitations and restraints imposed upon the exercise of rights of ownership by the particular provisions of the statute under consideration were imposed not for private purposes but, strictly, in the promotion of the "general welfare" and "the public interest" in the exercise of the sovereign police power which every State possesses for the general public welfare and which "reaches to every species of property within the commonwealth.

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 found in substance in the constitution of most if not all of the States of the Union.


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