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Bureau of Customs and EIIB vs Nelson Ogario and Mark Montelibano

THE BUREAU OF CUSTOMS (BOC) and THE ECONOMIC INTELLIGENCE AND INVESTIGATION BUREAU (EIIB), petitioners, vs. NELSON OGARIO and MARK MONTELIBANO, respondents.

G.R. No. 138081 | 2000-03-30

D E C I S I O N

MENDOZA, J.:

The question for decision in this case is whether the Regional Trial Court has jurisdiction to enjoin forfeiture proceedings in the Bureau of Customs. In accordance with what is now settled law, we hold it does not.

The facts are as follows: On December 9, 1998, Felipe A. Bartolome, District Collector of Customs of Cebu, issued a Warrant of Seizure and Detention1 [Petition, Annex C; Rollo, pp. 76-77.] of 25,000 bags of rice, bearing the name of "SNOWMAN, Milled in Palawan" shipped on board the M/V "Alberto," which was then docked at Pier 6 in Cebu City. The warrant was issued on the basis of the report of...