GR 39969; (July, 1934) (Digest)
G.R. No. 39969 ; July 11, 1934
KISAJIRO OKAMOTO, captain of the Japanese motor fishing sampan, Hosho Maru, plaintiff-appellee, vs. THE INSULAR COLLECTOR OF CUSTOMS, defendant-appellant.
FACTS
The Japanese fishing vessel Hosho Maru was found anchored near Salomague Island off Northern Luzon. A boarding party discovered only food supplies, fish, and fishing tackle, with no articles of commerce or passengers. The Insular Collector of Customs ordered the seizure and forfeiture of the vessel for alleged violations of customs and quarantine laws. The captain appealed to the Court of First Instance of Manila, which reversed the forfeiture, finding the vessel sought refuge due to stress of weather and was not engaged in illegal importation or any customs/quarantine violation.
ISSUE
Whether the Insular Collector of Customs had the legal authority to administratively order the forfeiture of the Hosho Maru for the alleged violations.
RULING
No. The Supreme Court affirmed the lower court’s decision, holding that the Collector of Customs lacked statutory authority to administratively forfeit the vessel. No specific law was cited authorizing such forfeiture for the circumstances, as existing provisions (e.g., Section 1363 of the Administrative Code) did not apply. The Court recognized the right of asylum due to stress of weather under international law. Since the government failed to identify any specific violated law or regulation, and the lower court properly considered additional evidence finding the vessel took refuge honestly due to weather, the forfeiture was invalid. Costs were deemed de oficio.
AI Generated by Armztrong.