Case Digest: Us Vs Turibio Held: It Is A Valid Exercise of Police Power of The
Case Digest: Us Vs Turibio Held: It Is A Valid Exercise of Police Power of The
Facts:
Respondent Toribio is an owner of carabao, residing in
the town of Carmen in the province of Bohol. The trial
court of Bohol found that the respondent slaughtered
or caused to be slaughtered a carabao without a
permit from the municipal treasurer of the municipality
wherein it was slaughtered, in violation of 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.
The respondent counters by stating that what the Act
is (1) prohibiting is the slaughter of large cattle in the
municipal slaughter house without a permit given by
the municipal treasurer. Furthermore, he contends that
the municipality of Carmen has no slaughter house
and that he slaughtered his carabao in his dwelling, (2)
the act constitutes a taking of property for public use
in the exercise of the right of eminent domain without
providing for the compensation of owners, and it is an
undue and unauthorized exercise of police power of
the state for it deprives them of the enjoyment of their
private property.
Issue: Whether or not Act. No. 1147, regulating the
registration, branding and slaughter of large cattle, is
an undue and unauthorized exercise of police power.