Case Digest (G.R. No. 5060)
Facts:
In The United States v. Luis Toribio, G.R. No. 5060, decided on January 26, 1910, the United States (plaintiff and appellee) charged Luis Toribio (defendant and appellant) with slaughtering a carabao for human consumption in the town of Carmen, Bohol, without first securing a permit from the municipal treasurer, in violation of sections 30 and 33 of Act No. 1147. The trial court found that Toribio had caused the animal’s slaughter in a municipality that lacked a municipal slaughterhouse and convicted him under the Act’s branding and slaughter regulations. Toribio appealed, arguing that without a municipal slaughterhouse the law did not apply, and further contending that the permit requirement for carabaos fit for work violated the due process clause of the Philippine Bill of 1902 by depriving him of property without compensation.Issues:
- Does Act No. 1147, particularly sections 30 and 33, prohibit and penalize the slaughter of large cattle for human consumption anywhere with
Case Digest (G.R. No. 5060)
Facts:
- Background and Procedural History
- The United States charged Luis Toribio with slaughtering a branded carabao for human consumption without securing a permit from the municipal treasurer of Carmen, Bohol, in violation of sections 30 and 33 of Act No. 1147.
- At trial, evidence proved that Toribio caused the animal’s slaughter outside any municipal slaughterhouse; the town of Carmen had no such facility.
- Statutory Framework (Act No. 1147, “An Act regulating the registration, branding, and slaughter of large cattle”)
- Section 30 requires a permit from the municipal treasurer for slaughter of large cattle for food anywhere, and expressly for killing at a municipal slaughterhouse, conditioned on production of ownership certificates or other proof of title.
- Section 31 limits permits to slaughter carabaos unfit for agricultural or draft use and forbids any permit for animals unfit for human consumption; Section 32 mandates detailed record-keeping of permits; Section 33 prescribes fines (₱10–₱500), imprisonment (1–6 months), or both for slaughter without permit.
Issues:
- Statutory Construction
- Constitutional Validity
Ruling:
- (Subscriber-Only)
Ratio:
- (Subscriber-Only)
Doctrine:
- (Subscriber-Only)