Documents

Commissioner of Customs vs Eastern Sea Trading

Description
Consti Case
Categories
Published
of 5
All materials on our website are shared by users. If you have any questions about copyright issues, please report us to resolve them. We are always happy to assist you.
Related Documents
Share
Transcript
  Republic of the Philippines SUPREME COURT ManilaEN BANC G.R. No. L-14279 October 31, 1961THE COMMISSIONER O CUSTOMS ! # THE COLLECTOR O CUSTOMS,  petitioners, vs. E$STERN SE$ TR$%ING,  respondent. Office of the Solicitor General for petitioners. Valentin Gutierrez for respondent. CONCEPCION, J.: Petition for review of a judgent of the Court of !a Appeals reversing a decision of the Coissioner of Custos.Respondent Eastern #ea !rading was the co &'( ee o) &e*er!+ &'e t& o) o 'o ! # (!r+'c  which arrived at the Port of Manila fro August $% to #epteber &, '(%). #oe shipents cae fro *apan and others fro +ong ong. -n as uch as none of the shipents had the certificate reuired b/ Central Ban0 Circulars Nos. )) and )% for the release thereof, the goods thus iported /ere &e'0e# ! # &becte# to )or)e'tre rocee#' (& )or !++e(e# *'o+!t'o & o) &ect'o 1363) o) te Re*'&e# $#' '&tr!t'*e Co#e,  in relation to the aforeentioned circulars of the Central Ban0. -n due course, the Collector of Custos of Manila rendered a decision on #epteber ), '(%1, declaring said goods forfeited to the 2overnent and 3 the goods having been, in the eantie, released to the consignees on suret/ bonds, filed b/ the sae, as principal, and the Alto #uret/ 4 -nsurance Co., -nc., as suret/, in copliance with orders of the Court of 5irst -nstance of Manila, in Civil Cases Nos. $6()$ and $67%$ thereof 3 directing that the aounts of said bonds be paid, b/ said principal and suret/, jointl/ and severall/, to the Bureau of Custos, within thirt/ 869: da/s fro notice.;n appeal ta0en b/ the consignee, said decision was affired b/ the Coissioner of Custos on <eceber $&, '(%1. #ubseuentl/, the consignee sought a review of the decision of said two 8$: officers b/ the Court of !a Appeals, which reversed the decision of the Coissioner of Custos and ordered that the aforeentioned bonds be cancelled and withdrawn. +ence, the present petitionof the Coissioner of Custos for review of the decision of the Court of !a Appeals.!he latter is based upon the following preises, nael/= that the Central Ban0 has no authorit/ to regulate transactions not involving foreign e change> that the shipents in uestion are in the natureof ?no@dollar? iports> that, as such, the aforeentioned shipents do not involve foreign e change> that, insofar as a Central Ban0 license and a certificate authoriing the iportation or release of the goods under consideration are reuired b/ Central Ban0 Circulars Nos. )) and )%, the latter are null and void> and that the seiure and forfeiture of the goods iported fro *apan cannot be justified under E ecutive ;rder No. 6$7, '  not onl/ because the sae see0s to ipleent an e ecutive agreeent $  3 e tending the effectivit/ of our  6  !rades and 5inancial Agreeents )  with *apan 3 which 8e ecutive agreeent:, it believed, is of dubious validit/, but, also, because there is no governental agenc/ authoried to issue the iport license reuired b/ the aforeentioned e ecutive order.  !he authorit/ of the Central Ban0 to regulate no@dollar iports and the validit/ of the aforeentionedCirculars Nos. )), and )% have alread/ been passed upon and repeatedl/ upheld b/ this Court 8Pascual vs. Coissioner of Custos, @'9(&( *une 69, '(%(D> Acting Coissioner of Custos vs. euterio, @(')$ ;ctober '&, '(%(D Coissioner of Custos vs. Pascual, @(761 Noveber '7, '(%(D> Coissioner of Custos vs. #erree -nvestent Co., @'$99& Ma/ '1, '(19D> Coissioner of Custos vs. #erree -nvestent Co., @')$&) Noveber $(, '(19D:, for the reasonthat the broad powers of the Central Ban0, under its charter, to aintain our onetar/ stabilit/ and topreserve the international value of our currenc/, under section $ of Republic Act No. $1%, in relation to section ') of said Act 3 authoriing the ban0 to issue such rules and regulations as it a/ consider necessar/ for the effective discharge of the responsibilities and the e ercise of the powers assigned to the Monetar/ Board and to the Central Ban0 3 connote the authorit/ to regulate no@dollar iports, owing to the influence and effect that the sae a/ and do have upon the stabilit/ of our peso and its international value.!he Court of !a Appeals entertained doubts on the legalit/ of the e ecutive agreeent sought to beipleented b/ E ecutive ;rder No. 6$7, owing to the fact that or Se !te !# ot co crre# ' te !5' ( o) &!'# eect'*e !(reee t.  !he concurrence of said +ouse of Congress is reuired b/ our fundaental law in the a0ing of ?treaties? 8Constitution of the Philippines, Article --, #ection'9&D:, which are, however, distinct and different fro ?e ecutive agreeents,? which a/ be validl/ entered into without such concurrence.!reaties are foral docuents which reuire ratification with the approval of two thirds of the#enate. E ecutive agreeents becoe b' #' ( tro( eect'*e !ct'o /'tot te ee# o) ! *ote b te Se !te or b Co (re&&. . . . the right of the E ecutive to enter into binding agreeents without the necessit/ of subseuent Congressional approval has been confirmed by long usage . 5ro the earliest da/s of our histor/ we have entered into e ecutive agreeents covering such subjects as coercial and consular relations, ost@favored@nation rights, patent rights, tradear0 and cop/right protection, postal and navigation arrangeents and the settleent of clais. The validity of these has never been seriously questioned by our courts .  Agreeents with respect to the registration of trade@ar0s have been concluded b/ the E ecutive with various countries under the Act of Congress of March 6, '77' 8$' #tat. %9$:. Postal conventions regulating the reciprocal treatent of ail atters, one/ orders, parcel post, etc., have been concluded b/ the Postaster 2eneral with various countries under authoriation b/ Congress beginning with the Act of 5ebruar/ $9, '&($ 8' #tat. $6$, $6(:. !en e ecutive agreeents were concluded b/ the President pursuant to the Mcinle/ !ariff  Act of '7(9 8$1 #tat. %1&, 1'$:, and nine such agreeents were entered into under the <ingle/ !ariff Act '7(& 869 #tat. '%', $96, $'):. A ver/ uch larger nuber of agreeents, along the lines of the one with Ruania previousl/ referred to, providing for ost@favored@nation treatent in custos and related atters have been entered into since the passage of the !ariff Act of '($$, not b/ direction of the Act but in haron/ with it. -nternational agreeents involving political issues or changes of national polic/ and those involving international arrangeents of a peranent character usuall/ ta0e the for of  treaties. But international agreeents ebod/ing adjustments of detail carr/ing out well@established national policies and traditions and those involving arrangeents of a ore or less teporar/ nature usuall/ ta0e the for of e ecutive agreeents. 5urtherore, the Fnited #tates #upree Court has e pressl/ recognied the validit/ and constitutionalit/ of e ecutive agreeents entered into without #enate approval. 86( Colubiaaw Review, pp. &%6@&%): 8#ee, also, F.#. vs. Curtis@Gright E port Corporation, $(( F.#. 69), 7' . ed. $%%> F.#. vs. Belont, 69' F.#. 6$), 7' . ed. ''6)> F.#. vs. Pin0, 6'% F.#. $96, 71 . ed. &(1> ;anic vs. F.#., '77 5. $d. $77> Hale aw *ournal, ol. '%, pp. '(9%@'(91> California aw Review, ol. $%, pp. 1&9@1&%> +/de on -nternational aw Revised EditionD, ol. $, pp. ')9%, ')'1@')'7> Gilloughb/ on the F.#. Constitutional aw, ol. - $d ed.D, pp. %6&@%)9> Moore, -nternational aw <igest, ol. , pp. $'9@$'7> +ac0worth, -nternational aw <igest, ol. , pp. 6(9@)9&:. 8Ephasis supplied.:-n this connection, 5rancis B. #a/re, forer F.#. +igh Coissioner to the Philippines, said in his wor0 on ?!he Constitutionalit/ of !rade Agreeent Acts?= Agreeents concluded b/ the President which fall short of treaties are coonl/ referred to as eect'*e !(reee t&  and are no less coon in our schee of governent than are the ore foral instruents 3 treaties and conventions. !he/ soeties ta0e the for of e changes of notes and at other ties that of ore foral docuents denoinated ?agreeents? tie or ?protocols?. !he point where ordinar/ correspondence between this and other governents ends and agreeents 3 whether denoinated e ecutive agreeents or e changes of notes or otherwise 3 begin, a/ soeties be difficult of read/ ascertainent. -t would be useless to underta0e to discuss here the large variet/ of e ecutive agreeents as such, concluded fro tie to tie. +undreds of e ecutive agreeents, other than those entered into under the trade@agreeents act, have been negotiated with foreign governents. . . . -t would see to be sufficient, in order to show that the trade agreeents under the act of '(6) are not anoalous in character, that the/ are nottreaties, and that the/ have abundant precedent in our histor/, to refer to certain classes of agreeents heretofore entered into b/ the E ecutive without the approval of the #enate. !he/ cover such subjects as the inspection of vessels, navigation dues, incoe ta on shipping profits, the adission of civil aircraft, custos atters, and coercial relations generall/, international clais, postal atters, the registration of tradear0s and cop/rights, etcetera. #oe of the were concluded not b/ specific congressional authoriation but in conforit/ with policies declared in acts of Congress with respect to the general subject atter, such as tariff acts> while still others, particularl/ those with respect of the settleent of clais against foreign governents, were concluded independentl/ of an/ legislation.? 86(Colubia aw Review, pp. 1%', &%%.:!he validit/ of the e ecutive agreeent in uestion is thus patent. -n fact, the so@called Parit/ Rights provided for in the ;rdinance Appended to our Constitution were, prior thereto, the subject of an e ecutive agreeent, ade without the concurrence of two@thirds 8$I6: of the #enate of the Fnited #tates.astl/, the lower court held that it would be unreasonable to reuire fro respondent@appellee an iport license when the -port Control Coission was no longer in e istence and, hence, there was, said court believed, no agenc/ authoried to issue the aforeentioned license. !his conclusion is untenable, for the authorit/ to issue the aforeentioned licenses was not vested e clusivel/ upon the -port Control Coission or Adinistration. E ecutive ;rder No. 6$7 provided for e port or  iport licenses ?fro the entral !an of the #hilippines or the -port Control Adinistration? or Coission. -ndeed, the latter was created onl/ to perfor the tas0 of ipleenting certain objectives of the Monetar/ Board and the Central Ban0, which otherwise had to be underta en by these two $%& agencies . Fpon the abolition of said Coission, the dut/ to provide eans and wa/s for the accoplishent of said objectives had erel/ to be discharged directl/ b/ the Monetar/ Board and the Central Ban0, even if the aforeentioned E ecutive ;rder had been silent thereon.G+ERE5;RE, the decision appealed fro is hereb/ reversed and another one shall be entered affiring that of the Coissioner of Custos, with cost against respondents defendant@appellee, Eastern #ea !rading. -t is so ordered. !engzon' .(.' #adilla' !autista )ngelo' *abrador' +eyes' (.!.*.' #aredes' ,izon and ,e *eon' ((.'  concur. !arrera' (.'  too0 no part. oot ote& '  <ated *une $$, '(%9. -t provides, inter alia , that fro and after said date, no coodit/ a/ be e ported to or iported fro ;ccupied *apan without an e port or iport license fro the Central Ban0 of the Philippines or the -port Control Adinistration, and that the annual e ports and iports to the Philippines and fro ;ccupied *apan, as contained in the !rade Plan shall be allocated and the licenses therefor shall be issued onl/ to bona fide Philippine e porters and iporters, subject to the provisions of section ( of said E ecutive ;rder and to such rules and regulations as a/ be prescribed b/ the -port Control  Adinistration and the Central Ban0 of the Philippines. $  According to a counication dated April $), '(%& of the then Acting #ecretar/ of 5oreign  Affairs 8E hibit 5:, *apan was subrogated into the rights, obligations and interests of the #CAP and *apan on March '(, '(%$, and since then the agreeents have been e tended mutatis mutandis '7 ties, the current one to e pire at the end of April, '(%&. 6  !he !rade Agreeent, dated Ma/ '7, '(%9, provides, inter alia , for the adoption of a trade plan, on an annual basis, between the Philippines and ;ccupied *apan> that, subject to e ceptions, all trade shall be conducted in accordance with the 5inancial Agreeent between the two countries, and through specified channels> that subject to e change, iport and e port control restrictions, both countries would perit the iportation fro and e portation to each other of the coodities specified in the trade plan, within specified liits> that consultations would be held for necessar/ odifications of the trade plan> that a achiner/ would be established to ensure accurate and up@to@date inforation regarding theoperation of the agreeent and to insure the ipleentation of the trade plan> and that the parties would do ever/thing feasible to ensure copliance with the e port@iport control, e change control and such other controls pertaining to international trade as a/ be in force in their respective territories fro tie to tie. !he agreeent, li0ewise, specifies the ethodof revision or cancellation thereof, the procedure for the review of the trading position between the parties and the tie of its effectivit/ 8upon ?e change of foral ratification?, pending which, ?it shall ta0e effect upon signature b/ authoried representatives as modus vivendi between the parties?:.

sdcs-01

Jul 23, 2017
Search
Tags
Related Search
We Need Your Support
Thank you for visiting our website and your interest in our free products and services. We are nonprofit website to share and download documents. To the running of this website, we need your help to support us.

Thanks to everyone for your continued support.

No, Thanks