GR L 5038; (January, 1910) (Digest)
G.R. No. L-5038
THE INSULAR GOVERNMENT, plaintiff-appellee, vs. LING SU FAN, defendant-appellant.
January 24, 1910
FACTS:
On December 12, 1906, agents of the customs secret service discovered P20,600 Philippine silver currency in the cabin of Ling Su Fan, the comprador of the British steamer Taming, which was about to sail from Manila to Hongkong. The money was seized, as Ling Su Fan was attempting to export it in violation of Act No. 1411 of the Philippine Commission.
A criminal action was subsequently filed, and Ling Su Fan was found guilty of violating Act No. 1411, sentenced to 60 days imprisonment and a P200 fine (U.S. vs. Ling Su Fan, 10 Phil. Rep., 104). The Insular Collector of Customs also conducted an administrative investigation, concluding that Ling Su Fan intended to export the money, and decreed its forfeiture under Act No. 1411, a decision not appealed by Ling Su Fan.
Thereafter, the Attorney-General initiated the present civil action in the Court of First Instance (CFI) to formally declare the P20,600 forfeited to the Government. By stipulation, the evidence from the criminal case was admitted in this civil case. The CFI affirmed the forfeiture. Ling Su Fan appealed the CFI decision, arguing that the court lacked jurisdiction, the factual conclusions were contrary to evidence, and the judgment was contrary to law.
ISSUE:
1. Did the Court of First Instance have jurisdiction over the civil forfeiture case?
2. Was there sufficient evidence to prove that Ling Su Fan attempted to export Philippine silver coins in violation of Act No. 1411?
3. Is Act No. 1411 unconstitutional for ordering the seizure and confiscation of property?
RULING:
The Supreme Court affirmed the decision of the lower court, declaring the P20,600 confiscated.
1. Yes, the Court of First Instance had jurisdiction. While the initial complaint might have been “somewhat anomalous,” the amended complaint set out all necessary facts to confer jurisdiction. The Court held that under Acts Nos. 1411, 355, 864, and 1405, Courts of First Instance are given jurisdiction to decide questions of forfeiture of Philippine silver coins attempted to be exported.
2. Yes, there was sufficient evidence. The Court noted that in the prior criminal action, it had already considered the evidence and found Ling Su Fan guilty of attempting to export the coins. Upon re-examination of that same evidence, and additional evidence presented in the civil case, the Court found no reason to change its factual findings. It concluded that Ling Su Fan did attempt to export the P20,600 in violation of Act No. 1411.
3. No, Act No. 1411 is constitutional. The Court held that Act No. 1411, enacted by the Philippine Commission under the express authority of the U.S. Congress (Act of March 2, 1903), provides for the confiscation of Philippine silver coins exported or attempted to be exported “upon due process of law.” As such, the Act is not unconstitutional and does not contravene the provisions of the Philippine Bill of 1902 or the Fifth and Fourteenth Amendments to the U.S. Constitution, provided that the seizure and confiscation are carried out with due process, which the Court found to have occurred in this case.