[Search and Seizure – Warrantless Searches – Customs Searches] W/N the RTC has jurisdiction over petitions questioning

ions questioning the validity

02 Bureau of Customs (BOC) and the Economic Intelligence and of seizures conducted by the Bureau of Customs
Investigation Bureau (EIIB) V. Nelson Ogario and Mark Montelibano
March 30, 2000 | Mendoza, J. | Held:
NO. Jao v CA ruling applies
Doctrine: RTC cannot take jurisdiction over petitions which question the ● RTC has no jurisdiction as the Collector of Customs has exclusive
validity of seizures and forfeiture proceedings conducted by the Bureau of jurisdiction to hear and determine all questions touching on the
Customs. Only the Collector of Customs has exclusive jurisdiction to hear seizure and forfeiture of dutiable goods
and determine all questions on the seizure and forfeiture of these goods. ● RTC is precluded from assuming cognizance even through
petitions of certioriari, prohibition, or mandamus
Facts: ● Even if seizure by Collector of Customs is illegal, it does not give
● 12/9/98 25,000 bags of rice on board M/V Alberto (docked in CFI/RTC the competence to hear the case
Cebu) was seized by BOC officials ○ Appeals can be made to the Commissioner of Customs,
○ Warrant issued based on EIIB reports that the rice was then the Court of Tax Appeals, and finally the SC
illegally imported from a foreign country which was
brought to Palawan, and then from Palawan to Cebu Dispositive
● Forfeiture proceedings were started in the Cebu customs office WHEREFORE, the temporary restraining order issued on May 17, 1999 is
○ 25,000 bags of rice and 2 trucks forfeited to government hereby made permanent. The decision, dated April 15, 1999, of the Court of
○ Collector of Customs evidence that rice was smuggled Appeals is REVERSED and Civil Case No. CEB-23077 in the Regional Trial
■ certifications by the Coast Guard, Philippine Court, Branch 5, Cebu City is DISMISSED.
Ports Authority, and Arrastre Stevedoring Office
■ Signature in NFA Grains Permit was forged SO ORDERED.
■ International Rice Research Institute lab analysis
stated that the rice was not local Notes
● RESP filed a complaint for injunction in the RTC of Cebu I
○ Seizure of rice was illegal, BOC did not acknowledge the
documents RESP presented to them (NFA Certification
that rice was from Palawan and Bill of Lading)
○ BOC intent on stopping all loading/unloading activities of
RESP, refusing to believe the rice was not imported
○ BOC only had a mere suspicion that the rice was
imported, and did not present any proof or evidence
● BOC, EIIB, PH Navy and Coast Guard sought dismissal of the
complaint: RTC had no jurisdiction (DENIED)
○ RTC jurisdiction cannot be divested since the warrant
issued by BOC had no legal basis
○ The bags of rice were ordered returned to RESP upon
paying bond (P8M, then increased to P22.5M)
○ MR of PET denied
● CA affirmed RTC, hence current petition

Issue: