Serree Investment Company vs. = Case No. 774- Commissioner of Customs

REPUBLIC OF nm PHIL:j:PPI NES CX?YU -F T "{ APPEALS M., NIIA vERRfE I:!VESTM::NT COi lP; ,;y,

Petitioner ~

C. T.A.

- vers 1s - C Sc NO. 774.- COM1v1ISSIOI IZR OF CU.STO;,IS , Respondent.

X--------- - --X

D E C I S I 0 N

3ometime in :,1ay , 1955 , the petitioner i mported f rom Hongkong one package containing 72 dozens of silk scarves , 12 dozens of fountain ocn sets , 50 dozens of of fountain pens , and 15 dozens of mechanical lighters with a total value of US $468. 85. The said importa- j tion was , however 1 declared in the airway bill of lad- ing as consisting of 4 3ets of mahj ong , 15 dozens of handkerchiefs and 12 dozen~ of scarves valued at US $l15, 00.

·s the said importation was not covered by a release certificate of the Central Bank as required by Circulars Nos . 44 and 45 of said Bank and in view of its misdeclaration in the bill of lading , the arti cles in question were seized and declared forfeited by the Collector of Customs of Manila.

Upon a~?eal to the Commissioner of Custor:1s , the decree of forfeitur~ was affirmed ; hence , the inst ant appeal. Petitioner ' s a/peal is premised on the grounds that Circulars Nos . 44 and 45 of the Central Bank are invalid in so far as they sought to regulate importa- tions not involving dollar remitt ances and that the misdec}aration was due solely to a mistake committed /""

I

,...c 310 c . r .

~ . c ,......:- in good faith .

• 774 - 2 - s regards the claim that Circulars os . 44 and 45 are invalid and may not be availed of to justify the seizure and forfeiture of goods imnorted which did not involve dollar remittances , it is enough to state that the Supreme Court in several cases has sustained the validity of said circulars and the seizure and forfeiture of im~ortations in violation thereof in relation to Section 1363(£ ) o the dministrative Code .

(0ee Pascual v. Commissioner , G. R. ~o . L-12219 , oril 25 , 1962, and cases cited therein.) In view of what has been said in regard to the validity of Circulars os . 44 and 45 of the Central Bank , ve find it unnecessary to pass upon the second ground raised in the a peal.

~he decision appealed from is here with costs again/st petitioner • . P.D2RED.

Manila , -ugust 27 , 1962.

WE CONCURs

~ residing udge affirmed ,