Asian Terminals Inc.

v. Bautista Ricafort
G.R. No. 166901 October 27 2006
Facts
Sometime in April and May 1998, respondents,
who are duly-registered importers, imported 72
secondhand right-hand drive buses from Japan.
When the shipment arrived, the District
Collector of Customs impounded the vehicles
and ordered them stored at the warehouse of
the Asian Terminals, Inc. (ATI), a customs-bonded
warehouse.
The importers filed a complaint for replevin with
prayer for the issuance of a writ of preliminary
and mandatory injunction and damages.
Facts
The RTC granted the application for a writ of
replevin on a bond of P12,000,000.00.
Chief of Customs Police and four (4) customs
policemen prevented the Sheriff and the
policemen assisting him from taking custody of
the vehicles.
On motion of the plaintiffs, the court issued an
Order directing the PNP Director to assist the
Sheriff in implementing the writ it issued and to
arrest anyone who would obstruct the
implementation of its order.
Facts
The District Collector of Customs agreed to
transfer the custody of the vehicles to the RTC,
on the condition that the required taxes, dues,
and other charges be paid.
The defendants, through the Office of the
Solicitor General, filed an Omnibus Motion,
seeking the reconsideration of the RTC Order
granting plaintiffs plea for a writ of replevin.
Subsequently, the ATI filed a Third-Party Claim
over the shipment.
Respondents opposed the Third Party Claim.
Facts
The court issued an Order dismissing the
complaint.
OSG filed an Motion for Reconsideration and ATI
filed a Motion for Clarifiation of order which the
court dismissed.
ATI filed a motion for reconsideration, which the
court subsequently dismissed.
ATI filed a Petition for Certiorari under Rule 65
before the CA which was dismissed.
MR was filed and was later on dismissed.
Issue

1. Whether or not the RTC has jurisdiction

over the seized and forfeited cars.
2. Whether or not the CA erred in
dismissing the petition for certiorari of
the petitioner.
Held
The RTC had no jurisdiction to take cognizance of the petition
for replevin by respondents herein, issue the writ of replevin
and order its enforcement. The RTC should have dismissed the
petition for replevin at the outset.
(Citing Jao v. Court of Appeals) Regional Trial Courts are devoid
of any competence to pass upon the validity or regularity of
seizure and forfeiture proceedings conducted by the Bureau of
Customs and to enjoin or otherwise interfere with these
proceedings.
The Regional Trial Courts are precluded from assuming
cognizance over such matters even through petitions
of certiorari, prohibition or mandamus.
Held
Section 602 of the TCC provides that the Bureau of Customs
shall exercise exclusive jurisdiction over seized and forfeited
cars.
The initial orders of the RTC granting the issuance of the writ
of replevin and its implementation are void.
District Collector of Customs he did not thereby lose
jurisdiction over the vehicles; neither did it vest jurisdiction on
the RTC to take cognizance of and assume jurisdiction over the
petition for replevin.
The RTC cannot be faulted for dismissing petitioners
complaint-in-intervention.
Hence, CA did not err.
Nestle Phil. V. CA
G.R. No. 134114 July 6, 2001
Facts
Petitioner is a duly organized domestic corporation
engaged in the importations of milk and milk
products for processing, distribution and sale in the
Philippines.
Between July and November 1984, petitioner
transacted sixteen (16) separate importations of milk
and milk products from different countries.
Petitioner was assessed customs duties and advance
sales taxes by the Collector of Customs of Manila for
each of these separate importations on the basis of
the published Home Consumption Value (HCV)
indicated in the Bureau of Customs Revision Orders.
Facts
Petitioner paid the same but seasonably filed the
corresponding protests before the said Collector of Customs x
x x uniformly alleging therein that the latter erroneously
applied higher home consumption values in determining the
dutiable value for each of these separate importations.