Case Digest (G.R. No. 79307)
Facts:
Commissioner of Customs v. The Hon. Ramon P. Makasiar, RTC Judge, Branch 35, Manila and The Distillers Co. Ltd. of England, G.R. No. 79307, August 29, 1989, Supreme Court Third Division, Cortes, J., writing for the Court.On 7 December 1978 the Court of First Instance of Manila (CFI‑Manila) issued search and seizure warrants in Criminal Cases Nos. 8602 and 8603 (People of the Philippines v. Howard J. Sosis, et al.) ordering the seizure of materials, whisky bottles and related articles alleged to be counterfeit Johnnie Walker whisky. On 8 December 1978 a composite team from the Ministry of Finance Bureau of Investigation and Intelligence (BII), the Bureau of Customs and the Integrated National Police executed the warrants at the premises of Hercules Bottling Co., Inc. (HERCULES) and seized numerous cartons, bottles and related materials; the seized articles remained at HERCULES under BII guard.
On 2 January 1979 the Collector of Customs, after verifying that the goods were allegedly imported contrary to law, issued a warrant of seizure and detention (Seizure Identification No. 2‑79) and initiated seizure and forfeiture proceedings under Section 2530(f) of the Tariff and Customs Code in relation to Republic Act No. 3720. By order dated 29 January 1979, the CFI‑Manila authorized the transfer and delivery of the seized articles to the customs warehouse at South Harbor, subject to conditions including custody by the Commissioner of Customs in custodia legis.
HERCULES challenged the search warrants; the Court of Appeals upheld them in CA‑G.R. No. SP‑09153‑R, and the Supreme Court dismissed HERCULES’ petition in G.R. No. 55061 by resolution dated 26 November 1986. After that dismissal, the City Fiscal commenced preliminary investigation in the criminal cases with The Distillers Co. Ltd. of England as private complainant, and the Bureau of Customs resumed seizure and forfeiture proceedings.
On 11 June 1982 the private complainant objected to continued Customs proceedings as prejudicial to the criminal investigation; the Collector ignored the objection. To halt Customs' proceedings, private respondent filed a petition for prohibition with preliminary injunction and/or temporary restraining order in the Regional Trial Court (RTC), Branch 35, Manila, docketed Civil Case No. 82‑12721, on 24 September 1982. The RTC issued a TRO on 29 September 1982 and later a writ of preliminary injunction; the Collector answered on 12 November 1982.
On 20 July 1987 the respondent RTC judge ruled that the Collector acted in excess of jurisdiction in issuing the warrant of seizure and detention and granted the writ of prohibition, ordering the Bureau of Customs to refrain from seizure and forfeiture proceed...(Subscriber-Only)
Issues:
- Did the Regional Trial Court have jurisdiction to hear and grant a petition for prohibition enjoining the Bureau of Customs from conducting seizure and forfeiture proceedings?
- May the Collector of Customs lawfully institute seizure and forfeiture proceedings over goods that had earlier been seized under the CFI‑Manila’s search warrants ...(Subscriber-Only)
Ruling:
- (Subscriber-Only)
Ratio:
- (Subscriber-Only)
Doctrine:
- (Subscriber-Only)