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Republic of the Phil vs. Juan Bocar

REPUBLIC OF THE PHILIPPINES, CUSTODY AND DISPOSAL ADMINISTRATION AND THE COMMISSIONER OF CUSTOMS, petitioners, vs. HON. JUAN BOCAR, as Judge of the Court of First Instance of Manila, Branch XVI, the CITY SHERIFF OF MANILA, PREMIER TOBACCO TRADING COMPANY,

G.R. No. L-35260 | 1979-09-04

D E C I S I O N

FERNANDO, J:

It was the failure of the late respondent Judge Juan Bocar 1 to observe the jurisdictional limits as provided for by the Tariff and Customs Code 2 that led to this certiorari and prohibition proceeding filed by petitioner Republic of the Philippines on July 7, 1972. Briefly put, notwithstanding the institution of seizure and forfeiture proceedings resulting in the Commissioner of Customs forfeiting the goods in question for violating a provision of the aforesaid Code 3 in relation to certain Central Bank circulars, 4 the lower court, at the instance of respondent Premier Tobacco Trading Company, assumed...