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Viduya vs. Berdiago 73 SCRA 553

JOSE T. VIDUYA, as collector of Customs of the Port of Manila, petitioner, vs. EDUARDO BERDIAGO alias EDUARDO BERTIAGO; and HON. ANDRES REYES, as Presiding Judge of Branch VI, Court of First Instance of Rizal, respondents.

G.R. No. L-29218 | 1976-10-29

SECOND DIVISION

FERNANDO, J.:p

An order of the lower court quashing a search warrant issued at the instance of petitioner Jose T. Viduya, then Collector of Customs of Manila, to gain custody of a seized vehicle pursuant to a warrant of seizure and detention against private respondent Eduardo Berdiago 1 was assailed in this certiorari and mandamus proceeding with a prayer for mandatory preliminary injunction. 2 The invocation by the then Solicitor General, now Associate Justice of this Court, Antonio P. Barredo, of the controlling force of Papa v. Mago 3 and the persuasive character attached to the ruling of an American leading decision,...