Name: Papa VS Mago

HON. RICARDO G. PAPA, as Chief of Police of Manila; HON. JUAN PONCE ENRILE, as Commissioner of
Customs; PEDRO PACIS, as Collector of Customs of the Port of Manila; and MARTIN ALAGAO, as
Patrolman of the Manila Police Department, petitioners,
vs.
REMEDIOS MAGO and HILARION U. JARENCIO, as Presiding Judge of Branch 23, Court of First Instance
of Manila, respondents.
Identification Numbers: G.R. No. L-27360; 22 SCRA 857
Classification: Searching domicile without witnesses
Note: This case had been classified under Art 130 (Searching domicile without witnesses) but such was only
discussed in passing.
Source: http://www.lawphil.net/judjuris/juri1968/feb1968/gr_l-27360_1968.html
Facts: Two trucks, along with their cargo, had been seized by the Manila Police Department (specifically by
Patrolman Alagao upon authority from Chief of Police Papa) on the customs zone of the port of Manila as this
shipment had been misdeclared and undervalued. The owners of the trucks, Remedios Mago and Valentin B.
Lanopa filed with the Court of First Instance of Manila a petition "for mandamus with restraining order or
preliminary injunction. Petitioners and respondents then filed counter motions at each other declaring either that
the seizure was within the jurisdiction (for the petitioners) or that such was not within the scope of the
jurisdiction of Papa et at hence must be returned to Mago et al (for the respondents).
Primary Issue: WON the CFI Manila Judge had acted with jurisdiction in issuing the order to release the goods
in questions.
Secondary Issue: WON Alagao had authority to effect the seizure without any search warrant.
Held: On the Primary Issue, NO. In the present case, the Bureau of Customs acquired jurisdiction over the
goods for the purposes of the enforcement of the tariff and customs laws, to the exclusion of the regular courts
when they had seized the goods in questions as per RA 1957. On the Secondary Issue, YES. Alagao and his
companion policemen had authority to effect the seizure without any search warrant issued by a competent
court. The Tariff and Customs Code does not require said warrant in the instant case. The Code authorizes
persons having police authority under Section 2203 of the Tariff and Customs Code to enter, pass through or
search any land, inclosure, warehouse, store or building, not being a dwelling house; and also to inspect, search
and examine any vessel or aircraft and any trunk, package, or envelope or any person on board, or to stop and
search and examine any vehicle, beast or person suspected of holding or conveying any dutiable or prohibited
article introduced into the Philippines contrary to law, without mentioning the need of a search warrant in said
cases.
Instance when Art 130 was Mentioned: But in the search of a dwelling house, the Code provides that said
"dwelling house may be entered and searched only upon warrant issued by a judge or justice of the
peace. . . ." 17 It is our considered view, therefor, that except in the case of the search of a dwelling house,
persons exercising police authority under the customs law may effect search and seizure without a search
warrant in the enforcement of customs laws.