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Pedro Pacis vs. Alberto V. Averia, Et Al.

PEDRO PACIS, in his capacity as Acting Collector of Customs, Port of Manila, the Flag Officer-in-Command and the Base Commander of Cavite Naval Base, Philippine Navy, petitioners, vs. HON. ALBERTO V. AVERIA, Judge of the Court of First Instance of Cavite, PROCESO P. SILANGCRUZ, Provincial Sheriff at Trece Martires City and EUSEBIO MARGES, respondents.

G.R. No. L-22526 | 1966-11-29

D E C I S I O N 


BENGZON, J.P., J.: 

The success of the law enforcement agencies in curbing smuggling depends to some extent upon the cooperation of the other branches of the Government. Remove such cooperation and the campaign against smuggling is doomed, as concretely demonstrated in this case. 

On December 26, 1963 Coast Guard Cutter 115 of the Philippine Navy pursued a fishing boat bearing the name of M/B "Bukang Liwayway" off Ternate, Cavite. During the chase the fishing boat fired upon the navy cutter thus wounding two Philippine Navy sailors. Said fishing boat was boarded and found loaded with untaxed foreign made...