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Transglobe V CA

The shipment from Hong Kong declared it contained hand tools but customs agents suspected it violated tariff and customs codes. The agents seized the shipment. When the petitioner failed to appear at a hearing, the collector decreed the shipment forfeited to the government. The Supreme Court held that redemption of forfeited property is allowed except in cases of fraud, absolutely prohibited importation, or if release is contrary to law. The fraud must be actual, not just technical, and intentionally deceptive.

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213 views1 page

Transglobe V CA

The shipment from Hong Kong declared it contained hand tools but customs agents suspected it violated tariff and customs codes. The agents seized the shipment. When the petitioner failed to appear at a hearing, the collector decreed the shipment forfeited to the government. The Supreme Court held that redemption of forfeited property is allowed except in cases of fraud, absolutely prohibited importation, or if release is contrary to law. The fraud must be actual, not just technical, and intentionally deceptive.

Uploaded by

Ian Auro
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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TRANSGLOBE INTERNATIONAL, INC.

V CA January 25, 1999


Facts: A shipment from Hong Kong arrived at the port of Manila, aboard the S/S Seadragon. Its inward
foreign manifest indicated that it contained various hand tools. Acting on an information that the
shipment violated provisions of tariff and customs code, the Economic Intelligence and Investigation
Bureau (EIIB) agents seized the shipment while in transit to the container yard. The EIIB recommended
seizure of the shipment, and for which a warrant of seizure and distraint was issued by the District
Collector.

For failure of petitioner, to appear during the hearing despite due notice, collector decreed the
forfeiture of the shipment in favor of the government.

Issue: Whether or not Transglobe is allowed to redeem the forfeited shipments.

Held: As a means of settlement under Sec. 2307, TCC, redemption of forfeited property is unavailing in 3
instances:

1. Where there is fraud;

2. Where the importation is absolutely prohibited;

3. Where the release of the property is contrary to law.

The fraud contemplated by law must be actual and not constructive. It must be intentional, consisting of
deception willfully and deliberately done or resorted to in order to induce another to give up same right.

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