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Ute Paterok vs. Bureau Of Customs [DISSENTING OPINION, PADILLA, J.]

UTE PATEROK, petitioner-appellant, vs. BUREAU OF CUSTOMS and HON. SALVADOR N. MISON, respondents-appellees. [DISSENTING OPINION, PADILLA, J.] Untalan, Trinidad, Razon, Santos & Associate Law Offices for petitioner-appellant.

G.R. Nos. 90660-61 | 1991-01-21

Separate Opinions 

PADILLA, J., dissenting: 

I am constrained to dissent from the, as usual, well-written decision of Mr. Justice Sarmiento. The reasons for my dissent are as follows: 

The decision states: 

"The petitioner does not dispute the fact that the motor car in question, a Mercedes Benz 450 SLC, has an engine displacement of over 2,800 cubic centimeters which clearly falls within the prohibited importation specified in the law aforequoted and as such, is liable for seizure and forfeiture by the public respondents." (pp. 6-7, decision) The law relied upon is Section 3(a) of BP 73 which provides: 

"SEC. 3....