Title
Daud vs. Collector of Customs of the Port of Zamboanga City
Case
G.R. No. L-24003
Decision Date
Nov 28, 1975
A vessel seized for smuggling untaxed cigarettes was forfeited by customs; owner sought redemption via mandamus but SC ruled regular courts lacked jurisdiction, upholding customs' exclusive authority.

Case Summary (G.R. No. L-24003)

Factual Background

On March 23, 1964, the Philippine Navy intercepted the motor launch M/L “MISS HURAIRA” between the waters of Palawan and Zamboanga. The interception was for the alleged carrying of untaxed blue seal cigarettes.

The Philippine Navy brought the vessel, its crew, and its cargo under the custody of the Collector of Customs for the Port of Zamboanga City. Immediately, the Collector initiated (i) Criminal Case No. 1097 in the City Court of Zamboanga against the patron and crew, and (ii) Seizure Identification Case No. 1265 (1149) against the vessel and the cargo.

On April 27, 1964, the Collector promulgated the decision in the seizure identification case, declaring the forfeiture of the motor launch M/L “MISS HURAIRA” and the blue seal cigarettes in favor of the Government for violation of Section 2530, paragraphs (k) and (m) of the Tariff and Customs Code.

Request for Redemption and Denial

After receiving the forfeiture decision, Hadji Mohamad Daud sent a letter dated April 28, 1964 to the Collector, requesting that he be allowed to redeem the vessel under Section 2307 of the Tariff and Customs Code. He specifically emphasized that his request was not an appeal from the seizure identification decision.

On May 12, 1964, the Collector denied the redemption request. The Collector stated that a Presidential directive forbade redemption of vessels caught in smuggling and reasoned that redemption might prejudice the criminal prosecution for smuggling.

Mandamus Suit in the Court of First Instance

Without appealing either (i) the Collector’s April 27, 1964 forfeiture decision or (ii) the Collector’s May 12, 1964 order denying redemption, Hadji Mohamad Daud filed a mandamus suit before the Court of First Instance of Zamboanga City.

In the trial court, the parties entered into a stipulation of facts. On September 7, 1964, the Court of First Instance rendered a decision ordering the Collector to release M/L “MISS HURAIRA” to Daud after the payment of the appraised value pursuant to Section 2307, and upon the submission of a bond in the amount of FIVE THOUSAND (P5,000.00) PESOS. The release was conditioned on Daud’s undertaking to bring the vessel within the jurisdiction of the court whenever ordered in relation to pending Criminal Case No. 3321, involving the motor launch. The Collector of Customs then brought the present appeal.

The Principal Issue on Appeal

The Supreme Court identified the imperative question as whether a regular court—through a petition for mandamus—possessed jurisdiction to order the redemption of a vessel that had been forfeited by the Collector of Customs under the Tariff and Customs Code.

The Court treated the case as requiring adherence to a settled allocation of jurisdiction in customs seizure and forfeiture matters, where the Collector’s acts in forfeiture proceedings were treated as those of a tribunal and where administrative and appellate remedies had to be exhausted.

Jurisdictional Doctrine: Exclusive Appellate Review and Limits on Court Interference

The Supreme Court held that the trial court lacked jurisdiction. It relied on earlier rulings emphasizing that the remedies for parties aggrieved by forfeiture decisions of the Collector did not lie in the Court of First Instance.

The Court cited Millarez vs. Amparo, noting that Republic Act No. 1125, Section 7, effective June 16, 1954, had given the Court of Tax Appeals exclusive appellate jurisdiction to review appeals involving “seizure, detention or release of property affected … or other matter arising under the Customs Law” administered by the Bureau of Customs. The Court further invoked Caltex (Philippines) Inc. vs. City of Manila, which held that the Collector of Customs had sufficient latitude in determining whether an article was subject to seizure or forfeiture, and that his decision was appealable to the Commissioner of Customs and then to the Court of Tax Appeals, not to the Court of First Instance. The Court explained the “fundamental reason” that the Collector of Customs constituted a tribunal when sitting in forfeiture proceedings, beyond the interference of the Court of First Instance.

Consistently, the Court cited Pacis vs. Averia for the proposition that the Court of First Instance should yield to the jurisdiction of the Collector of Customs, and it reasoned that divesting the Court of First Instance of the prerogative to replevin a property subject to seizure and forfeiture for violations of the customs laws was grounded on public policy. The Supreme Court stressed that actions for forfeiture could be easily undermined by the device of replevin if regular courts could intrude.

From these principles, the Court reiterated that the owner’s judicial recourse for property under seizure and forfeiture was not in the Court of First Instance. The owner had to appeal to the Commissioner of Customs, and then, if needed, to the Court of Tax Appeals. The Court also held that the Court of Tax Appeals’ exclusive appellate jurisdiction to review rulings in seizure and confiscation cases precluded the Court of First Instance from interfering, even through proceedings labeled certiorari, prohibition, or mandamus, because such suits were, in reality, attempts to review the Commissioner’s actuations.

Application to Daud’s Mandamus Petition

Applying the doctrine, the Supreme Court found that Hadji Mohamad Daud had deliberately declined the procedural path repeatedly prescribed in the Court’s consistent rulings. Rather than appealing from the Collector’s seizure identification decision declaring the forfeiture of M/L “MISS HURAIRA,” or appealing from the denial of redemption, Daud filed a petition for mandamus in the Court of First Instance to compel redemption under Section 2307.

The Supreme Court held that the trial court’s entertainment of the mandamus petition and its order compelling release constituted an abandonment of jurisdictional limits. The Court ruled that the trial court trenched upon the area delineated for the Collector of Customs, and it concluded that the trial court “certainly … has no jurisdiction over the case.”

Reliance on Luna vs. Pacis

The Supreme Court treated the case as closely similar to Luna vs. Pacis. In Luna, the owner of a fishing boat apprehended near Calavite Lighthouse for carrying unmanifested and untaxed articles offered to redeem the vessel under the Tariff and Customs Code. The Acting Collector denied redemption based on the expiration of the redemption period and on government policy. Instead of appealing the Acting Collector’s denial to the Commissioner and then to the Court of Tax Appeals, the owner filed mandamus in the Court of First Instance of Manila seeking surrender of the vessel upon payment of the appraised value. The trial court dismissed the petition for lack of jurisdiction, and on appeal the Supreme Court upheld the dismissal. It held that the correct remedy was appeal within the customs hierarchy, with recourse to the Supreme Court only after adverse action by the Court of Tax A

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