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Court of Tax Appeals

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Redo Leg of Ete Phultppin Ks ° Culk P| Do Apes Ls Wo Titiw Cup? “Armstrong Export vs. ~ Hon. Ramon Farolan

CTA Case No. 3360 March 21, 1983


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/ ARMSTRONG EXPORT,

Petitioner,

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versus

C.T.A. CASE NO. 33i0

HON. RAMON FAROLAN, in his

capacity as Commissioner of

Customs,

Respondent 0

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D E C I S I 0 N

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This refers to a petition t o review the

order of respondent, Commissioner of Customs,

date3 June 25, 1981 remanding the case to the

office of the Collector of customs.

It appears that petitioner is a claimant

in Seizure Identification No. 71-81, entitled

Republic of the Ph ilippines vs. Twelve (12)

Containers of Assorted Foodstuffs in 8,750 Car-

tons.

On April 21, 1981 claimant, through

counsel, wrote the Collector of Customs manifest-

ing its desire to secure the release of the

merch~ndise in quest ion consisting ot twelve

( 12) containers of foodstuffs und(~r bo nd.

On April 28, 1981, the Collecto r of Cus toms

issued an order denying the reque s t o t claiindnt

for the release under bond of the above aticles.

Subsequently, on May 4, 1981 , claimant

through counsel, filed a motion for reconsider-

ation of the order of the Coll!':'C t nc •· f

C u !; t~oms

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DECISION

CTA CASE NOe 33i0 - 2 - dated April 28• 198 1 on grounds of errors or irregularities c ommitted in the appreciation of the reques t for release under bond• which motion was denied on May 11. 1981 by the

Collector of Customs @

Petitio ner thereaft e r f i led a notice o f appeal with the Collector of Customs p sign ifying therefor~ the i ntentio n on its part to e l evate the c ase to the Commissioner of Customs . On May 21, 1981~ petitioner fil ed its petition for r e view with the Commiss i oner of Customs. On June 19, 1981, petitioner filed a . "Petition For Resolution o f Petition" preci- pitated apparently by the delay in the making of the resolution by res pondent Commissioner of Customs on the petitio n for review.

Consequent-

ly, on June 25, 1981, respondent Commissioner , instead of resolving the petition for review, issued an order remanding the case to the office of the Collector of Customs for the purpose of continuing with t he hearing on the merits of the case.

Hence, this appeal .

The issues to be resolved are, t o wit : 1 ) Whether or not this Court acqu ire d jurisdiction over the ca s e;

2) Whether or not Lhe p r o vi s i (' n :; of

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DECISION

CTA CASE NO. 33i0 - 3 - Section 230 1 of the Tarif f and Customs Code is mandatory, and in the a ffirma tive ; and 3) Whether o r not petitioner is entitled to the re l ease o f the shipment . w-ith respect to the first issue as to whether or not this Cour t a cquire d jurisdictio n over the case, the a ppropriate provision of the law appli- cable in this case is Section 7(2) o f Republic Act 1125, which we quote :

SEC, 7.

J urisdiction,- 'I'he Cour t of Tax Appeals shall exercise exclusive appellate jurisdiction to review by a~al, as herein provided -

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(2)

Decisions of the Commissioner

of Cus toms i n cases involving liability for customs duties, fees or other mor~y charges; seizure, detention or release of pr6perty affected ; fines, fo rfeitures or other penalties impose~ i n relation thereto; or other matters arising under the Customs Law or other law or part of law administered by the Bureau o f Customs. Under the above-quoted provision, it is very clear that this Court has no j uri s ~i ction over the present appeal.

What is appealed here is an interlocutory order.

An interlocutory order is one which is -not final in character and do not involve a decision of the case on its merito The order of the Collector of Customs denying the r eleas e of the shipment to petitioner wh ich was the subject of appeal to the Commis s.ic.' tH~r nt Customs was a mere i ncident of th e per, rl inq ~;f"-L'; UL"' proceedings i n Seizure Proceeding ~c . 71 - 81 .

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DECISION

CTA CASE NO. 33i0 - 4- - That is precisely the reason why th~ Commissioner of Customs issued a n order remanding the case to the office of the Collector of Customs.

Therefore*

the order of the Commis s i oner of Customs i s not appealable to this Court.

Having h eld that this Court has no jur is-· diction, we will no longer discuss the l ast t wo {2) issues for having become moot and~ademic.

WHEREFORE, the petition for review is hereby DISMISSED.

SO ORDERED"

Quezon City, Metro Manila, March 21, . 1983~

WE CONCUR:

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AMANTE ,FILLER Presidi&g J 11dge 68 - CON3.TANTE C. ROAQUIN

Associate Judge

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