Case Digest (G.R. No. L-32370) Core Legal Reasoning Model
Core Legal Reasoning Model
Facts:
In Gonzalo Sy v. Central Bank of the Philippines, G.R. No. L-41480, decided on April 30, 1976, petitioner-appellant Gonzalo Sy Trading, engaged for nineteen years in the importation of fresh fruits, applied on September 28, 1968 for a Special Import Permit from the Central Bank to import fresh apples, oranges, grapes and lemons from Japan on a “no-dollar” basis, citing the upcoming Christmas season and the burden of a 175% special time deposit under Circular No. 260. After initial denial and reconsideration requests, Monetary Board Resolution No. 2038 (November 19, 1968) granted a no-dollar permit for US $350,000 subject to 100% special time deposit for 120 days. Petitioner imported under the permit between February 1969 and March 1970, exhausting most of the allotment. In October 1969, petitioner sought to extend the permit country coverage and duration; Deputy Governor Brinas replied that the permit was limited to the Christmas 1968 season. Despite this, shipments arriving in Case Digest (G.R. No. L-32370) Expanded Legal Reasoning Model
Expanded Legal Reasoning Model
Facts:
- Application for Special Import Permit
- Petitioner Gonzalo Sy Trading, an importer of fresh fruits for 19 years, sought authority on September 28, 1968 to import fresh fruits from Japan on a “no-dollar” basis in the amount of US$715,000.
- Initial request denied on October 2, 1968; petitioner reiterated need for Christmas season in letters of October 22 and November 6, 1968.
- Granting of Permit and Deposit Requirement
- Monetary Board Resolution No. 2038 (November 19, 1968) authorized importation of fresh fruits from Japan valued at US$350,000, on no-dollar basis, subject to 100% special time deposit for 120 days and normal duties.
- Petitioner’s November 27, 1968 request to reduce deposit to 20% was denied December 9, 1968.
- Subsequent Importations and Permit Balance
- First importation under the permit occurred February 25, 1969; bulk shipments followed through November 1969 from various countries; further imports in January and March 1970.
- By June 1970, petitioner had utilized US$314,142.51 of the US$350,000 permit, leaving US$35,857.49.
- Attempted Extension and Seizure of Goods
- Petitioner’s October 30, 1969 request to amend country of origin denied November 19, 1969—permit “intended only for the Christmas season of 1968.”
- Antiporda’s November 21, 1969 letter to agent bank allowed continued issuance of release certificates “subject to the same terms and conditions.”
- April 17, 1970 CB letter reiterated that permit did not extend beyond Christmas 1968. Petitioner’s June 1970 shipments seized under CB Circulars and Tariff Code §2530(f).
- Court of First Instance issued injunction for release on bond; September 1970 shipments likewise seized and petitioner filed mandamus case (Civil Case No. 81051), which was later dismissed.
Issues:
- Whether the Special Import Permit remained valid for importations made in June and September 1970.
- Whether petitioner can rely on promissory estoppel, based on Antiporda’s letter, to extend the permit’s validity.
- Whether Customs lawfully seized the June and September 1970 shipments and properly enforced the bonds posted for release.
Ruling:
- (Subscriber-Only)
Ratio:
- (Subscriber-Only)
Doctrine:
- (Subscriber-Only)