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A. SEIZURE AND FORFEITURE OF GOODS AND COMMODITIES 1. SEARCH, SEIZURE AND ARREST
Sec. 2201. Obstruction of Customs Premises. No person shall obstruct a customhouse, warehouse, office, wharf, street or other premises under the control of the Bureau of Customs, or any of the approaches to such house or premises. Sec. 2202. Special Surveillance for Protection of Customs Revenue and Prevention of Smuggling. In order to prevent smuggling and to secure the collection of the legal duties, taxes and other charges, the customs service shall exercise surveillance over the coast, beginning when a vessel or aircraft enters Philippine territory and concluding when the article imported therein has been legally passed through the customhouse. Sec. 2203. Persons Having Police Authority. For the enforcement of the customs and tariff laws, the following persons are authorized to effect searches, seizures and arrests comformably with the provisions of said laws: a. Officials of the Bureau of Customs, collectors, assistant collectors, deputy collectors, surveyors, security and secret-service agents, inspectors, port patrol officers and guards of the Bureau of Customs. b. Officers of the Philippine Navy when authorized by the Commissioner. c. Any person especially authorized in writing by the Commissioner. d. Officers generally empowered by law to effect arrests and execute processes of courts, when acting under direction of the Collector. e. Any person especially authorized by a Collector, subject to the restrictions stated in the next succeeding section. Persons exercising the powers hereinabove conferred shall, in the exercise thereof, have the same authority, be entitled to the proper protection, and shall be governed by the same law, not inconsistent with the provisions of this section, as other officers exercising police authority in general. Sec. 2204. Place Where Authority May Be Exercised. Persons acting under authority conferred pursuant to subsection (e) of the preceding section may exercise their authority *within the limits of the collection district only and *in or upon the particular vessel or aircraft, or *in the particular place, or in respect to the particular article specified in the appointment. All such appointments shall be in writing, and the original shall be filed in the customhouse of the district where made. All other persons exercising the powers hereinabove conferred may exercise the same at any place within the jurisdiction of the Bureau of Customs. Sec. 2205. Exercise of Power of Seizure and Arrest. It shall be within the power of a customs official or person authorized as aforesaid, and it shall be his duty, to make seizure of any vessel, aircraft, cargo, articles, animal or other movable property when the same is subject to forfeiture or liable for any fine imposed under customs and tariff laws, and also to arrest any person subject to arrest for violation of any customs and tariff laws, such power to be exercised in conformity with the law and the provisions of this Code. Sec. 2206. Duty of Officer or Official to Disclose Official Character. It shall be the duty of any person exercising authority as aforesaid, upon being questioned at the time of the exercise thereof, to make known his official character as an officer or official of the Government, and if his authority is derived from special authorization in writing to exhibit the same for inspection, if demanded.
Sec. 2207. Authority to Require Assistance. Any person exercising police authority under the customs and tariff laws may demand assistance of any police officer when such assistance shall be necessary to effect any search, seizure or arrest which may be lawfully made or attempted by him. It shall be the duty of any police officer upon whom such requisition is made to give such lawful assistance in the matter as may be required. Sec. 2208. Right of Police Officer to Enter Inclosure. For the more effective discharge of his official duties, any person exercising the powers herein conferred, may at anytime enter, pass through, or search any land or inclosure or any warehouse, store or other building, not being a dwelling house. A warehouse, store or other building or inclosure used for the keeping of storage of articles does not become a dwelling house within the meaning hereof merely by reason of the fact that a person employed as watchman lives in the place, nor will the fact that his family stays there with him alter the case. Sec. 2209. Search of Dwelling House. A dwelling house may be entered and searched only upon warrant issued by a judge or justice of the peace, upon sworn application showing probable case and particularly describing the place to be searched and person or thing to be seized. Sec. 2210. Right to Search Vessels or Aircrafts and Persons or Articles Conveyed Therein. It shall be lawful for any official or person exercising police authority under the provisions of this Code to go abroad any vessel or aircraft within the limits of any collection to go aboard any vessel or aircraft within the limits of any collection district, and to inspect, search and examine said vessel or aircraft and any trunk, package, box or envelope on board, and to search any person on board the said vessel or aircraft and to this end to hail and stop such vessel or aircraft if under way, to use all necessary force to compel compliance; and if it shall appear that any breach or violation of the customs and tariff laws of the Philippines has been committed, whereby or in consequence of which such vessels or aircrafts, or the article, or any part thereof, on board of or imported by such vessel or aircraft, is liable to forfeiture, to make seizure of the same or any part thereof. The power of search hereinabove given shall extend to the removal of any false bottom, partition, bulkhead or other obstruction, so far as may be necessary to enable the officer to discover whether any dutiable or forfeitable articles may be concealed therein. No proceeding herein shall give rise to any claim for the damage thereby caused to article or vessel or aircraft. Sec. 2211. Right to Search Vehicles, Beasts and Persons. It shall also be lawful for a person exercising authority as aforesaid to open and examine any box, trunk, envelope or other container, wherever found where he has reasonable cause to suspect the presence therein of dutiable or prohibited article or articles introduced into the Philippines contrary to law, and likewise to stop, search and examine any vehicle, beast or person reasonably suspected of holding or conveying such article as aforesaid. Sec. 2212. Search of Persons Arriving From Foreign Countries. All persons coming into the Philippines from foreign countries shall be liable to detention and search by the customs authorities under such regulations as may be prescribed relative thereto. Female inspectors may be employed for the examination and search of persons of their own sex.
2. ADMINISTRATIVE PROCEEDINGS
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Redemption of forfeited property shall not be allowed in any case where the importation is absolutely prohibited or where the surrender of the property to the person offering to redeem the same would be contrary to law. Sec. 2308. Protest and Payment upon Protest in Civil Matters. When a ruling or decision of the Collector is made whereby liability for duties, fees, or other money charge is determined, except the fixing of fines in seizure cases, the party adversely affected may protest such ruling or decision by presenting to the Collector at the time when payment of the amount claimed to be due the Government is made, or within thirty days thereafter, a written protest setting forth his objections to the ruling or decision in question, together with the reasons therefor. No protest shall be considered unless payment of the amount due after final liquidation has first been made. Sec. 2309. Protest Exclusive Remedy in Protestable Case. In all cases subject to protest, the interested party who desires to have the action of the Collector reviewed, shall make a protest, otherwise, the action of the Collector shall be final and conclusive against him, except as to matters correctible for manifest error in the manner prescribed in section one thousand seven hundred and seven hereof. Sec. 2310. Form and Scope of Protest. Every protest shall be filed in accordance with the prescribed rules and regulations promulgated under this section and shall point out the particular decision or ruling of the Collector to which exception is taken or objection made, and shall indicate with reasonable precision the particular ground or grounds upon which the protesting party bases his claim for relief. The scope of a protest shall be limited to the subject matter of a single adjustment or other independent transaction; but any number of issue may be raised in a protest with reference to the particular item or items constituting the subject matter of the protest. "Single adjustment", as hereinabove used, refers to the entire content of one liquidation, including all duties, fees, surcharges or fines incident thereto. Sec. 2311. Samples to be Furnished by Protesting Parties. If the nature of the articles permit, importers filing protests involving questions of fact must, upon demand, supply the Collector with samples of the articles which are the subject matter of the protests. Such samples shall be verified by the custom official who made the classification against which the protest are filed. Sec. 2312. Decision or Action by Collector in Protest and Seizure Cases. When a protest in proper form is presented in a case where protest in required, the Collector shall reexamine the matter thus presented, and if the protest is sustained, in whole or in part, he shall enter the appropriate order, the entry reliquidated if necessary. In seizure cases, the Collector, after a hearing, shall in writing make a declaration of forfeiture or fix the amount of the fine or take such other action as may be proper. Sec. 2313. Review by Commissioner. The person aggrieved by the decision or action of the Collector in any matter presented upon protest or by his action in any case of seizure may, within fifteen days after notification in writing by the Collector of his action or decision, give written notice to the Collector of his desire to have the matter reviewed by the Commissioner. Thereupon the Collector shall forthwith transmit all the records of the proceedings to the Commissioner, who shall approve, modify or reverse the action or decision of the Collector and take such steps and make such orders as may be necessary to give effect to his decision.
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3. COMPULSORY ACQUISITION CUSTOMS ADMINISTRATIVE ORDER NO. 5-2001: IMPLEMENTING RA 9135: AN ACT AMENDING CERTAIN PROVISIONS OF PD 1464 (TCC) AS AMENDED BYCUSTOMS ADMINISTRATIVE ORDER NO. 4-2004 (BUT I DONT HAVE A COPY OF THIS CAO)
Section 18 [S1] Objectives [s2] Dutiable Value II. Administrative provisions A. Reference Value as Risk Management Tool use custom value or any other value reference to establish doubt or alert Customs to do a value verification check B. Currency Conversion: rate of exchange shall be the duly published rates published by BSP + reflect as effectively as possible the current value of currency in commercial transactions C. Release under Sufficient Guarantee
V. Compulsory Acquisition -in order to protect the Governments revenues against undervaluation of goods subject to ad valorem duty Commissioner of Customs may acquire grossly undervalued goods for a price equal to the declared Customs value + any duties already paid on the goods -payment made within 10 working days from issuance of a warrant sighned by Commissioner for acquisition of goods GROSS UNDERVALUATION: when the discrepancy between the declared Customs value and any of the test values is 200% or higher: Difference between the test value and declared value/declared value x 100
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Sec. 3518. Records to Be Kept by Customs. The Bureau of Customs shall likewise keep a record of audit results in a database of importer and broker profiles, to include but not be limited to: (a) Articles of Incorporation; (b) The company structure, which shall include but not be limited to: (1) Incorporators and Board of Directors; (2) Key officers; andchan robles virtual law library (3) Organizational structure; (c) Key importations; (d) Privileges enjoyed; (e) Penalties; and (f) Risk category(ies).
CAO 5-2001 B. Compliance Audit 1. Importers/Customs broker shall allow any Customs officer authorized by the Commissioner of Customs to enter during office hours any premises or place where the records are kept to conduct audit, examination, inspection, verification and/or investigation of: a. document flow b. financial flow c. goods inventory d. other business processes Necessary/relevant in determining the adequacy and integrity of the manual/electronic system/s by which such records are created and stored and to ensure compliance with Customs laws and existing rules and regulations? 2. Authorized Customs officer may require importer and/or broker to make certified copies of any such documents/extracts -any record must be returned to custodian within 24 hours 3. copy of such document certified by/on behalf of the importer/broker: admissible in evidence in all courts as if it were original 4. authorized customs officer shall not enter any premises UNLESS before doing so, the officer produces to the person in charge of the premises the ff: a. duplicate original of the AUDIT NOTIFICATION LETTER b. official customs ID 5. Unless otherwise provided, the BOC may, in case of disobedience, invoke the aid of the proper RTC w/n whose jurisdiction the matter falls 6. w/o prejudice to criminal sanctions imposed by laws and administrative sanctions that the BOC may impose against contumacious importers, including authority to hold delivery or release of their imported articles C. Scope of the Compliance Audit 1. Audit undertaken when: a. firms are selected by a computer-aided risk management system, parameters of which based on objective and quantifiable data which shall include (not exclusive): relative magnitude of customs revenue from the firm rates of duties of the firms imports
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Section 1206. Jurisdiction of Collector Over Importation of Articles -Collector shall: cause all articles entering the jurisdiction of his district and destined for importation through his port to be entered at the custom house cause all articles to be appraised and classified assess and collect duties, taxes and other charges theron hold possession of all imported articles upon which duties, taxes and other charges have not been paid or secured Section 1207. Jurisdiction of Collector Over Articles of Prohibited Importation -duty of collector to exercise such jurisdiction in respect thereto as will prevent importation or otherwise secure compliance with all legal requirements
JAO V CA FACTS: The Office of the Director, Enforcement and Security Services (ESS), Bureau of Customs, received information regarding the presence of untaxed vehicles and parts in the premises owned by Pat Hao located along Quirino Avenue, Paranaque and Honduras St., Makati. After conducting a surveillance of the two places, respondent Major Jaime Maglipon, Chief of Operations and Intelligence of the ESS, recommended the issuance of warrants of seizure and detention. District Collector of Customs Titus Villanueva issued the warrants of seizure and detention. Maglipon coordinated with the local police to assist in the execution of the respective warrants of seizure and detention.The team searched the two premises. They were barred from entering the place, but some members of the team were able to force
themselves inside and were able to inspect the premises and noted that some articles were present which were not included in the list contained in the warrant . Amended warrants of seizure and detention were subsequently issued by Villanueva.
Consequently customs personnel started hauling the articles pursuant to the amended warrants. Narciso Jao and Bernardo Empeynado filed a case for Injunction and Damageswith prayer for Restraining Order and Preliminary Injunction before RTC Makati Branch 56 on August 27, 1990 against respondents. On the same date, the trial court issued a Temporary Restraining Order. Respondents filed a Motion to Dismiss on the ground that RTC has no jurisdiction over the subject matter, claiming that it was the Bureau of Customs that had exclusive jurisdiction over it. RTC denied motion to dismiss. Respondents filed MFR . MFR was denied. CA set aside the questioned orders of the trial court and enjoined it from further proceeding with the Case. The appellate court also dismissed the said civil case.
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FACTS - The then Collector of Customs of the Port of Manila issued a warrant of seizure and detention against the Cadillac car involved in this case, the owner-claimant being a certain Rodolfo Ceza, as the taxes and duties had not been paid.lh/CITE> The warr - It was moreover shown in the petition that the owner, Rodolfo Ceza, had sold such car to one Francisco Dee from whom respondent Vinuya acquired the same. - Vinuya filed a complaint for replevin in the sala of respondent Judge on the ground of alleged illegality of the seizure which, in the opinion of respondents, did not confer jurisdiction on the Collector of Customs. - Petitioners filed a motion to dismiss on the ground that forfeiture proceedings had already been instituted before the Collector of Customs who has the sole jurisdiction to determine questions affecting the disposition of property under seizure as well as the absence of a cause of action. This was denied for lack of merit. Thus this petition. ISSUE WON the court of first instance is vested with jurisdiction to entertain a complaint for replevin for the recovery of a Cadillac car, subject of a seizure and forfeiture proceeding in the Bureau of Customs HELD NO. The prevailing doctrine is that the exclusive jurisdiction in seizure and forfeiture cases vested in the Collector of Customs precludes a court of first instance from assuming cognizance over such a matter. This has been so, as noted, since Pacis v. Averia. Reasoning a. The existence of the power and the regularity of the proceeding taken under it are distinct from each other. The governmental agency concerned, the Bureau of Customs, is vested with exclusive authority. Even if it be assumed that in the exercise of such exclusive competence a taint of illegality may be correctly imputed, the most that can be said is that under certain circumstances the grave abuse of discretion conferred may oust it of such jurisdiction. It does not mean however that correspondingly a court of first instance is vested with competence when clearly in the light of the above decisions the law has not seen fit to do so.lh/CIJFOAJOJbefore th b. "the Court of First Instance should yield to the jurisdiction of the Collector of Customs. The jurisdiction of the Collector of Customs is provided for in Republic Act
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City, against the Secretary of Finance, Customs Commissioner, et al for replevin -The RTC granted the application for a writ of replevin on a bond of P12,000,000.00. -The Chief of Customs Police and four (4) customs policemen prevented the Sheriff and the policemen assisting him from taking custody of the vehicles, claiming that the District Collector of Customs had jurisdiction over the vehicles. -On motion of the plaintiffs, the court issued an order directing the PNP Director to assist the Sheriff in implementing the writ it issued -The District Collector of Customs agreed to transfer the custody of the vehicles to the RTC, on the condition that the required taxes, dues, and other charges be paid. -On November 27, 1998, the defendants, through the OSG, filed a motion seeking the reconsideration of the RTC Order on the ground that the RTC has no jurisdiction over the vehicles subject of seizure and detention before the Bureau of Customs. The ATI filed a motion for the court to allow the vehicles to remain in its warehouse. -On December 1, 1998, the ATI filed a Third-Party Claim over the shipment, alleging that it had a lien over the vehicles for accumulated and unpaid storage and arrastre charges, and wharfage dues -Before the court could resolve the motions, plaintiffs filed a "Motion/Notice to Dismiss/Withdraw Complaint" against the defendants on the ground that they had agreed to the implementation of the writ of replevin -ATI filed a Motion for Intervention and for Admission of its Complaint-inIntervention, alleging that it had a lien on the vehicles for accumulated storage and arrastre charges and wharfage dues. -On April 27, 1999, the court issued an Order dismissing the complaint -The OSG filed a motion for reconsideration. For its part, ATI filed a motion for clarification of the order, and also pleaded for the court to admit its Complaint-inIntervention -On September 23, 1999, the RTC issued its Order dismissing the Complaint-inIntervention -ATI filed a motion for reconsideration, which the court denied on July 31, 2000. -ATI filed a Petition for Certiorari under Rule 65 before the CA -On November 30, 2004, the CA rendered judgment dismissing the petition for lack of merit. The appellate court ruled that the RTC had no jurisdiction over the complaint filed by respondents, since the Collector of Customs sitting in seizure and forfeiture proceedings had the exclusive jurisdiction to hear and determine all questions relating on the seizure and forfeiture of dutiable goods. Since the RTC had no jurisdiction over the main case, it was also bereft of authority to hear the third-party claim or the complaint-in-intervention filed by ATI. -ATI filed a motion for reconsideration, which the CA denied, hence, this petition ISSUE WON the lower courts erred in dismissing ATI's petition
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Section 44(c) of the Judiciary Act of 1948 lodges in the Court of First Instance original jurisdiction in all cases in which the value of the property in controversy amounts to more than ten thousand pesos. This original jurisdiction of the Court of First Instance, when exercised in an action for recovery of personal property which is a subject of a forfeiture proceeding in the Bureau of Customs, tends to encroach upon, and to render futile, the jurisdiction of the Collector of Customs in seizure and forfeiture proceedings. This is precisely what took place in this case.lh
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BOAC V PEOPLE NATURE Appeal by certiorari under Rule 45 FACTS - Raul Basilio Boac, Ramon Betuin Golong, Cesar Fantone Beltran, Roger Alcantara Basadre, and Benjamin Castaneda Alfonso are members of the PNP-CIDG. - They were charged with violation of Sec. 2203 in relation to Sec. 3612 of the Tariff and Customs Code in that without lawful authority or delegation from the Collector of Customs, they flagged down, searched and seized three (3) container vans consigned to Japan Trak surplus (Kakiage Surplus). - Atty. Lourdes V. Mangaoang, then Customs District Collector of Cagayan de Oro City, testified that the CIDG operatives (herein petitioners) did not have a written authority from the Commissioner of Customs or the District Collector. According to her, Golong claimed that they had clear orders from Boac to open and search the vans. She instructed her personnel to open the vans only to show that there was nothing illegal in their contents. She prepared a letter of protest addressed to Boac but it was ignored; hence, she filed the instant case. - For the defense, Boac testified that on July 27, 2004, he was in Manila on leave. Beltran allegedly informed him that three container vans with contrabands were released by the BOC; thus, Boac instructed Golong and his team to flag down the subject vans. After the inspection of the vans and without finding any contraband,
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- It should be noted that the container vans were brought to the consignees warehouse and not to the CIDG headquarters. On July 28, 2004, the container vans were searched but not by petitioners. The search was actually conducted by Customs Police Yamit and Godoy on July 28, 2004. The Customs Police held the keys of the vans. Furthermore, the vans were opened without the presence of the PNPCIDGs team leader, Inspector Golong. The search was under the direction of the Customs Police because when the Customs Police decided to stop the search, petitioners acceded and left the premises. - The foregoing testimony, which Golong corroborated, was not disputed by the prosecution. It is thus very clear that the search was not done by petitioners but by the Customs Police. Petitioners did not seize anything nor arrested anybody. They merely observed the search which they requested to be undertaken to check for contrabands. Notably, the consignee did not file any complaint against petitioners. - The information charged petitioners for illegally flagging down, searching, and seizing the three container vans on July 27, 2004. Petitioners, however, could not also be held liable for these acts. It is a fact that no search and seizure of the vans was done on the night of July 27, 2004. The act of flagging down the vehicles is not among those proscribed by Sec. 2203 of the Tariff and Customs Code. Mere flagging down of the container vans is not punishable under the said law. - As regards the second issue, there is no conflict between the aforequoted provisions of the Tariff and Customs Code and RA 6975, as amended. The jurisdiction of the Commissioner of Customs is clearly with regard to customs duties. Should the PNP suspect anything, it should coordinate with the BOC and obtain the written authority from the Collector of Customs in order to conduct searches, seizures, or arrests.
Reasoning - Petitioners should be acquitted of the charge. The prosecution has the burden of proving the guilt of the accused beyond reasonable doubt. In this case, it is clear that petitioners neither searched the container vans nor effected seizure and arrest.
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7. protest cannot be resolved for meritorious reason within 30d: panel shall request additional time not exceeding 30d within which to resolve case 8. Collector render FINAL decision within 15 days from receipt of recommended decision + shall notify importer in writing of deci 9. Collector renders deci ADVERSE TO GOVERNMENT: deci + entire records of the case = automatically elevated to Commissioner for AUTOMATIC REVIEW within 5 days from promulgation 10. If importer not satisfied with Collectors deci (ADVERSE TO IMPORTER): notice of appeal with collector within 15 days after notification in writing by Collector with a copy of the notice furnished to the Commissioner of Customs 11. Collector shall immediately transfer all the records of the protest + assailed deci to Commissioner Commissioner shall approve/modify/reverse the action or deci of Collector take steps and make such orders as may be necessary to give effect to his deci COMMISSIONER OF CUSTOMS 12. Appeal to Commissioner of Customs: perfected upon a. filing of notice of appeals b. payment of appeal docket fee in accordance with prescribed rates c. Memorandum of appeal at option of appellant (within 15 days from receipt of notice of deci) 13. Appeal (regular/ automatic): Deliberated on by a permanent board of 3 created by Commissioner board: chaired by lawyer from the appellate division, Mems: legal service and 2 valuation experts from import and assessment service 14. board shall recommend deci of Commissioner through proper channels 15. Commissioner shall render a decision w/n 30 d from receipt of the records of the case from the Collector shall noticy the appellant/aggrieved party in writing 16. w/n 30d from receipt of the record of the case: no decision by Commissioner is rendered = deemed that Commissioner upheld the Collectors decision if deci adverse to govt: case shall likewise be elevated to SoF for automatic review 17. Commissioner decides in favor of Govt + no appeal perfected w/n reglementary period w/CTA = deci of Commissioner shall become final and executory SECRETARY OF FINANCE 18. Commissioner renders a decision adverse to govt: elevated to SoF for automatic review + records of proceedings forwarded to SoF w/n 5d from promulgation of decision 19.w/n 30d from receipt of the record of the case by SoF no deci rendered: deci under review FINAL AND EXECUTORY 20. DECI OF SOF: final and executory if no appeal to CTA COURT OF TAX APPEALS 21. Importer not satisfied with Commissioner of Customs/SoF deci: file an appeal with CTA w/n30d from receipt of a notice of such deci
2. SEIZURE/FORFEITURE CASES
SEC. 2530. Property Subject to Forfeiture Under Tariff and Customs Laws. - Any vehicle, vessel or aircraft, cargo, article and other objects shall, under the following conditions be subjected to forfeiture: a. Any vehicle, vessel or aircraft, including cargo, which shall be used unlawfully in the importation or exportation of articles or in conveying and/or transporting contraband or smuggled articles in commercial quantities into or from any Philippine port or place. The mere carrying or holding on board of contraband or smuggled articles in commercial quantities shall subject such vessel, vehicle, aircraft, or any other craft to forfeiture: Provided, That the vessel, or aircraft or any other craft is not used as duly authorized common carrier and as such a carrier it is not chartered or leased;
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SEC. 2532. Conditions Affecting Forfeiture of Article. - As regards imported or exported article or articles whereof the importation or exportation is merely attempted, the forfeiture shall be effected only when and while the article is in the custody or within the jurisdiction of the customs authorities or in the hands or subject to the control of the importer, exporter, original owner, consignee, agent of other person effecting the importation, entry or exportation in question, or in the hands or subject to the control of some persons who shall receive, conceal, buy, sell or transport the same or aid in any such acts, with knowledge that the article was imported, or was the subject of an attempt at importation or exportation, contrary to law. SEC. 2533. Enforcement of Lien, Administrative Fines, and Forfeitures. - Administrative fines and forfeitures shall be enforced by the seizure of the vehicle, vessel or aircraft or other property subject to the fine or forfeiture and by subsequent proceedings in conformity with the provisions of Parts 2 and 3, Title VI, Book 11, of this Code. For the purpose of enforcing the lien for customs duties, fees and other charges on any seized or confiscated article in the custody of the Bureau of Internal Revenue., the Bureau of Internal Revenue is hereby authorized to impose and enforce the said lien. SEC. 2534. Seizure of Vessel or Aircraft for Delinquency of Owner or Officer. - When the owner, .agent, master, pilot in command or other responsible officer of any vessel or aircraft becomes liable to be fined under the tariff and customs laws on account of a delinquency in the discharge of a duty imposed upon him with reference to the said vessel or aircraft, the vessel or aircraft itself may be seized and subjected in an administrative proceeding for the satisfaction of the fine for which such person would have been liable. SEC. 2535. Burden of Proof in Seizure and/or Forfeiture. - In all proceedings taken for the seizure and/or forfeiture of any vessel, vehicle, aircraft, beast or articles under the provisions of the tariff and customs laws, the burden of proof shall lie upon the claimant: Provided, That probable cause shall be first shown for the institution of such proceedings and that seizure and/or forfeiture was made under the circumstances and in the manner described in the preceding sections of this Code. SEC. 2536. Seizure of Other Articles. - The Commissioner of Customs and Collector of Customs any other customs officer, with the prior authorization in writing by the Commissioner, may demand evidence of payment of duties and taxes on foreign articles openly offered for sale or kept in storage, and if no such evidence can be produced, such articles may be seized and subjected to forfeiture proceedings: , however, That during such proceedings the person or entity for whom such articles have been shall be given the opportunity to prove or show the source of such articles and the payment of duties and taxes thereon. CAO No. 9-93: Rules and Regulations Governing the Issuance of Warrants of Seizure and Detention, the Conduct of Seizure Proceedings and Procedure in Appeals to the Commissioner of Customs and to the Secretary of Finance Title I Title and Construction Title II General Provisions [Sec3] Collector of Customs upon making any seizure shall issue a warrant for the detention of the property [Sec4] Owner/importer desires to secure the release of the property under seizure for legitimate use, Collector of Customs shall surrender it upon filling of a sufficient cash bond in an amount to be fixed by the Collector of Customs, subject to the following conditions: a. amount of cash bond shall not in any case be less than the appraised value of the article plus fine, expenses and costs that may be adjudged in the case. APPRAISED VALUE: dutiable value of article + duties, taxes, and other customs charges b. no prima facie evidence of fraud attendant to importation c. not prohibited importation d. release under cash bond approved by the Commissioner [Sec5] release of property under cash bond: SHALL NOT RELIEVE THE OWNER OR IMPORTER of the goods from CRIMINAL LIABILITY arising from the importation/exportation of the shipment
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filed a criminal complaint for usurpation of judicial functions with the City Fiscal of Manila handled by Pamaran. Issue WON the Collector of Customs has the authority to issue the warrant of seizure Held Yes, as Acting Collector of Customs for the Port of Manila, he had the requisite authority for the issuance of the contested warrant of seizure and detention for the automobile owned by respondent Ricardo Santos. It is to be admitted that the constitutional right to be free from unreasonable search and seizure must not be eroded or emasculated. The right to privacy so highly valued in civilized society must not be diluted. Only upon compliance then with the proper requisites mandated by law should one's possessions be subject to seizure. That much is clear. Under the 1935 Constitution the intervention of a judge was well-nigh indispensable. So it was under the Philippine Bill of 1902 and the Philippine Autonomy Act of 1916. Even then, however, as shown by the leading case of Uy Kheytin v. Villareal, a 1920 decision, it was the accepted principle following the landmark case of Boyd v. United States that the seizure of goods concealed to avoid the duties on them is not embraced within the prohibition of this constitutional guarantee. More to the point. In a recent decision of this Court, Papa v. Mago, where the seizure of alleged smuggled goods was effected by a police officer without a search warrant, this Court, through Justice Zaldivar, stated: "Petitioner Martin Alagao and his companion policemen had authority to effect the seizure without any search warrant issued by a component court. The Tariff and Customs Code does not require said warrant in the instant case. The Code authorizes persons having police authority under Section 2203 of the Tariff and Customs Code to enter, pass through or search any land, inclosure, warehouse, store or building, not being a dwelling house; and also to inspect, search and examine any vessel or aircraft and any trunk, package, box or envelope or any person on board, or stop and search and examine any vehicle, beast or person suspected of holding or conveying any dutiable or prohibited article introduced into the Philippines contrary to law, without mentioning the need of a search warrant in said cases. But in the search of a dwelling house, the Code provides that said 'dwelling house may be entered and searched only upon warrant issued by a judge or justice of the peace . . . .' It is our considered view, therefore, that except in the case of the search of a dwelling house, persons exercising police authority under the customs law may effect search and seizure without a search warrant in the enforcement of customs laws." The plenitude of the competence vested in customs officials is thus undeniable. No such constitutional question then can possibly arise. So much is implicit from the very language of Section 2205 of the Tariff and Customs Code. It speaks for itself. It is not susceptible of any misinterpretation. The power of petitioner is thus manifest. It being undeniable then that the sole basis for an alleged criminal act performed by him
Pacis v. Pamaran Facts Pacis is the Acting Collector of Customs for the Port of Manila. The case is prohibition proceeding against Assistant City Fiscal of Manila, Manuel R. Pamaran. Respondent Ricardo Santos is the owner of a Mercury automobile, model 1957. It was brought into this country without the payment of customs duty and taxes, its owner Donald James Hatch being tax-exempt. It was from him that respondent Santos acquired said car. He paid P311.00 for customs duty and taxes. Land Transportation Commission reported that such automobile was a "hot car." By virtue thereof, petitioner Pacis, ascertained that although the amount of P311.00 was already paid for customs duty, the amount collectible on said car should be P2,500.00, more or less. Pacis instituted seizure proceedings and issued a warrant of seizure and detention. Ricardo Santos
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order, the entry reliquidated necessary. In seizure cases, the Collector, after a hearing shall in writing make a declaration of forfeiture amount of the fine or take such other action as may be proper. SEC. 2313. Review of Commissioner. - The person aggrieved by the decision or Collector in any matter presented upon protest or by his action in any case of seizure may, within days after notification on writing by the Collector of his actions or decisions, file a written notice to the Collector with a copy furnished to the Commissioner of his intention to appeal the action or decision of the Collector to the Commissioner. Thereupon the Collector shall forthwith transmit all the recc, proceedings to the Commissioner, who shall approve, modify or reverse the action or decision of t~~ and take such steps and make such orders as may be necessary to give effect to his decision: Provided, That when an appeal is filed beyond the period herein prescribed, the same shag be deemed dismissed. If in any seizure proceedings, the Collector renders a decision adverse to the Government, such decision shall be automatically reviewed by the Commissioner and the records of the case elevated (5) days from the promulgation of the decision of the Collector. The Commissioner shall render a decision on the automatic appeal within thirty (30) days from receipts of the records of the case. If the Collector'~ is reversed by the Commissioner, the decision of the Commissioner shall be final and executory: K the Collector's decision is affirmed, or if within thirty (30) days from receipt of the record of the ca~ Commissioner no decision is rendered or the decision involves imported articles whose published value is five million pesos (P 5,000,000.00) or more, such decision shall be deemed automatically appealed to the Secretary of Finance and the records of the proceedings shall be elevated within five (5) days promulgation of the decision of the Commissioner or of the Collector under appeal, as the case may be, is affirmed by the Secretary of Finance, or within thirty (30) days from receipt of the proceedings by the Secretary of Finance, no decision is rendered, the decision of the Secretary of Finance, or of the Commissioner, or of the Collector under appeal, as the case may be, shall become final and executory. In any seizure proceeding, the release of imported articles shall not be allowed unless apd until a decision of the Collector has been confirmed in writing by the Commissioner of Customs (R.A. 7651, June 04, 1993). B. AUTOMATIC REVIEW BY THE COMMISSIONER AND THE SECRETARY OF FINANCE SEC. 2313. Review of Commissioner. Supra SEC. 2315. Supervisory Authority of Commissioner and Secretary of Finance in Certain Cases. - If any case involving the assessment of duties, the Collector renders a decision adverse to the Government, such decision shall be automatically elevated to, and reviewed by, the Commissioner; and if the Collector's decision would be affirmed by the Commissioner, such decision shall he automatically elevated to, and be finally reviewed by, the Secretary of Finance: Provided, however, That if within thirty (30) days from receipt of the record of the case by the Commissioner or by. the Secretary of Finance, as the case may be, no decision is rendered by either of them, the decision under review shall be final and executory: Provided, further, That any party aggrieved by either the decision of the Commission or of the Secretary of Finance may appeal to the Court of Tax Appeals within thirty (30) days from receipt of a copy of such decision. For this purpose, Republic Act numbered eleven hundred and twenty -five is hereby amended accordingly. Except as provided in the preceding paragraph, the supervisory authority of the Secretary of Finance over the Bureau of Customs shall not extend to the administrative review of the ruling or decision of the Commissioner in matters appealed to the Court of Tax Appeals.
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2. REVIEW BY CTA
SEC. 2402. Review by Court of Tax Appeals. - The party aggrieved by the ruling of the Commissioner in any matter brought before him upon protest or by his action or ruling in any case of seizure may appeal to the Court of Tax Appeals, in the manner and within the period prescribed by law and regulations. Unless an appeal is made to the Court of Tax Appeals in the manner and within the period prescribe by laws and regulations, the action or ruling of the Commissioner shall be final and conclusive. SEC. 2315. supra RA 9282: AN ACT EXPANDING THE JURISDICTION OF THE COURT OF TAX APPEALS (CTA), ELEVATING ITS RANK TO THE LEVEL OF A COLLEGIATE COURT WITH SPECIAL JURISDICTION AND ENLARGING ITS MEMBERSHIP, AMENDING FOR THE PURPOSE CERTAIN SECTIONS OR REPUBLIC ACT NO. 1125, AS AMENDED, OTHERWISE KNOWN AS THE LAW CREATING THE COURT OF TAX APPEALS, AND FOR OTHER PURPOSES Sec. 7. Jurisdiction. The CTA shall exercise: a. Exclusive appellate jurisdiction to review by appeal, as herein provided: 1. Decisions of the Commissioner of Internal Revenue in cases involving disputed assessments, refunds of internal revenue taxes, fees or other charges, penalties in relation thereto, or other matters arising under the National Internal Revenue or other laws administered by the Bureau of Internal Revenue; 2. Inaction by the Commissioner of Internal Revenue in cases involving disputed assessments, refunds of internal revenue taxes, fees or other charges, penalties in relations thereto, or other matters arising under the National Internal Revenue Code or other laws administered by the Bureau of Internal Revenue, where the National Internal Revenue Code provides a specific period of action, in which case the inaction shall be deemed a denial; 3. Decisions, orders or resolutions of the Regional Trial Courts in local tax cases originally decided or resolved by them in the exercise of their original or appellate jurisdiction; 4. Decisions of the Commissioner of Customs in cases involving liability for customs duties, fees or other money charges, seizure, detention or release of property affected, fines, forfeitures or other penalties in relation thereto, or other matters arising under the Customs Law or other laws administered by the Bureau of Customs; 5. Decisions of the Central Board of Assessment Appeals in the exercise of its appellate jurisdiction over cases involving the assessment and taxation of real property originally decided by the provincial or city board of assessment appeals; 6. Decisions of the Secretary of Finance on customs cases elevated to him automatically for review from decisions of the Commissioner of Customs which are adverse to the Government under Section 2315 of the Tariff and Customs Code; 7. Decisions of the Secretary of Trade and Industry, in the case of nonagricultural product, commodity or article, and the Secretary of Agriculture in the case of agricultural product, commodity or article, involving dumping and countervailing duties under Section 301 and 302, respectively, of the Tariff and Customs Code, and safeguard measures under Republic Act No. 8800, where either party may appeal the decision to impose or not to impose said duties. b. Jurisdiction over cases involving criminal offenses as herein provided: 1. Exclusive original jurisdiction over all criminal offenses arising from violations of the National Internal Revenue Code or Tariff and Customs Code and other laws administered by the Bureau of Internal Revenue or the Bureau of Customs: Provided, however, That offenses or felonies mentioned in this paragraph where the principal amount o taxes and fees, exclusive of charges and penalties, claimed is less than One million pesos (P1,000,000.00) or where there is no specified amount claimed shall be tried by the regular Courts and the jurisdiction of the CTA
shall be appellate. Any provision of law or the Rules of Court to the contrary notwithstanding, the criminal action and the corresponding civil action for the recovery of civil liability for taxes and penalties shall at all times be simultaneously instituted with, and jointly determined in the same proceeding by the CTA, the filing of the criminal action being deemed to necessarily carry with it the filing of the civil action, and no right to reserve the filling of such civil action separately from the criminal action will be recognized. 2. Exclusive appellate jurisdiction in criminal offenses: a. Over appeals from the judgments, resolutions or orders of the Regional Trial Courts in tax cases originally decided by them, in their respected territorial jurisdiction. b. Over petitions for review of the judgments, resolutions or orders of the Regional Trial Courts in the exercise of their appellate jurisdiction over tax cases originally decided by the Metropolitan Trial Courts, Municipal Trial Courts and Municipal Circuit Trial Courts in their respective jurisdiction. c. Jurisdiction over tax collection cases as herein provided: 1. Exclusive original jurisdiction in tax collection cases involving final and executory assessments for taxes, fees, charges and penalties: Provided, however, That collection cases where the principal amount of taxes and fees, exclusive of charges and penalties, claimed is less than One million pesos (P1,000,000.00) shall be tried by the proper Municipal Trial Court, Metropolitan Trial Court and Regional Trial Court. 2. Exclusive appellate jurisdiction in tax collection cases: a. Over appeals from the judgments, resolutions or orders of the Regional Trial Courts in tax collection cases originally decided by them, in their respective territorial jurisdiction. b. Over petitions for review of the judgments, resolutions or orders of the Regional Trial Courts in the Exercise of their appellate jurisdiction over tax collection cases originally decided by the Metropolitan Trial Courts, Municipal Trial Courts and Municipal Circuit Trial Courts, in their respective jurisdiction."
3. APPEAL FROM THE CTA DIVISION TO CTA EN BANC 4. APPEAL TO SC III. CLAIM FOR REFUND
SEC. 1707. Correction of Errors. - Refund of Excess Payments. - Manifest clerical errors made in an invoice or entry, errors in return of weight, measure and gauge, when duly certified to, under penalties of falsification or perjury, by the surveyor or examining official (when there are such officials at the port), and errors in the distribution of charges on invoices not involving any question of law and certified to, under penalties of falsification or perjury, by the examining official, may be corrected in the computation of duties, if such errors be discovered before the payments of duties, or if discovered within one year after the final liquidation, upon written request and notice of error from the importer, or upon statement of error certified by the Collector. For the purpose of correcting errors specified in the next preceding paragraph the Collector is authorized to reliquidate entries and collect additional charges, or to make refunds on statement of errors within the statutory time limit. SEC. 1708. Claim for Refund of Duties and Taxes and Mode of Payment. - All claims for refund of duties shall be made in writing and forwarded to the Collector to whom such duties are paid, who upon receipt of such claim, shall verify the same by the records of his Office, and if found to be correct and in accordance with law, shall certify the same to the Commissioner with his recommendation together with all necessary papers and documents. Upon receipt by the Commissioner of such certified claim he shall cause the same to be paid if found correct. If a result of the refund of customs duties there would necessarily result a corresponding refund of internal revenue taxes on the same importation, the Collector shall likewise certify the same to the Commissioner who shall cause the said taxes to be paid, refunded, or tax credited in favor of the importer, with advice to the Commissioner of Internal Revenue.
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