Title
Commissioner of Customs vs. Manila Star Ferry, Inc.
Case
G.R. No. L-31776-78
Decision Date
Oct 21, 1993
Smuggling case involving vessels S/S Argo, Orestes, and UN-L-106; S/S Argo fined, Orestes and UN-L-106 forfeited under Customs Code.

Case Summary (G.R. No. L-31776-78)

Seizure and Legal Proceedings

Following apprehension, seizure and forfeiture proceedings were initiated based on violations of Section 2530 of the Tariff and Customs Code. This involved not only the vessels but also the cargo and the two undocumented bancas. The Collector of Customs issued a consolidated decision on December 27, 1966, ordering the forfeiture of all vessels involved, which was subsequently affirmed by the Acting Commissioner of Customs on February 1, 1967. The private respondents then escalated the matter to the Court of Tax Appeals (CTA), leading to a modified decision that only imposed fines without forfeiting the vessels.

Court of Tax Appeals Decision

The CTA, in its ruling dated September 30, 1989, determined that while smuggling had occurred, the vessels used could not be forfeited because of their operations within a port of entry. This decision conflicted with the position of the Commissioner of Customs, who maintained that the vessels should be forfeited under Section 2530 of the Tariff and Customs Code, asserting that the Port of Manila did not meet the statutory criteria as a port of entry due to the smuggling activities identified.

Legal Basis for Forfeiture

Section 2530 of the Tariff and Customs Code lays the foundation for the forfeiture of vessels involved in unlawful importations. The law specifically states that a vessel can be forfeited if used unlawfully, with provisions under subsections (a) and (c) detailing conditions that must be met for forfeiture. The petition outlines that the S/S Argo was apprehended during the illegal unloading of goods, which directly violated these provisions.

Court's Interpretation and Conclusion

The Supreme Court addressed the interpretation of "port of entry" within the forfeiture provisions, affirming that a vessel involved in smuggling within a designated port of entry cannot be forfeited. It underlined that the plain language of the statute governs interpretation, rejecting claims that "port of entry" could equate to "port of destination." The Court emphasized the specific wording utilized by the legislature and reiterates that legislative changes to the law after the events in question do not apply retroactively to this case.

Findings on Fines and Forfeitures

While the S/S Argo could not be forfeited due to the relevant statutory exemptions, it was subject to fines for failing to submit the necessary cargo manifest. The other vessels, Orestes and UN-L-106, were found liable for forfeiture due to their participation in the unlawful unloading activ

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