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  • LLamado v. Collector of Customs Digest

    Diunggah oleh

    Ellen Glae Daquipil
    78 tayangan1 halaman
    The Cessna plane unloaded de gaza lamps at an airstrip to guide a later flight by a DC-3 plane carrying smuggled cigarettes. While the Cessna did not carry the cigarettes itself, the court held that it was deliberately used to enable the safe transport and importation of the contraband goods by the DC-3 plane. As such, the Cessna plane was properly subject to seizure under the law, even though it did not directly carry the smuggled cigarettes.

    Deskripsi Asli:

    [G.R. No. L-28809. May 16, 1983.] JULIO LLAMADO, Petitioner-Appellant, v. COMMISSIONER OF CUSTOMS, Respondent-Appellee

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    The Cessna plane unloaded de gaza lamps at an airstrip to guide a later flight by a DC-3 plane carrying smuggled cigarettes. While the Cessna did not carry the cigarettes itself, the court held that it was deliberately used to enable the safe transport and importation of the contraband goods by the DC-3 plane. As such, the Cessna plane was properly subject to seizure under the law, even though it did not directly carry the smuggled cigarettes.

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    78 tayangan1 halaman

    LLamado v. Collector of Customs Digest

    Diunggah oleh

    Ellen Glae Daquipil
    The Cessna plane unloaded de gaza lamps at an airstrip to guide a later flight by a DC-3 plane carrying smuggled cigarettes. While the Cessna did not carry the cigarettes itself, the court held that it was deliberately used to enable the safe transport and importation of the contraband goods by the DC-3 plane. As such, the Cessna plane was properly subject to seizure under the law, even though it did not directly carry the smuggled cigarettes.

    Hak Cipta:

    © All Rights Reserved
    Unduh sebagai DOCX, PDF, TXT atau baca online dari Scribd
    Tandai sebagai konten tidak pantas
    dari 1

    LLamado v.

    Collector of Customs
    122 SCRA 118
    Facts: A Cessna plane containing de gaza lamps was unloaded at the Alabat airstrip. Later that night, that, a motorized boat
    carrying Fortune Blue Seal Cigarettes unloaded the goods and was later loaded in a DC-3 plane. The DC-3 plane took off using
    the de gaza lamps as a guide to safety take off from the airstrip. A few days after, a warrant was issued for seizure and
    detention of the Cessna Plane. Petitioners argue that the Cessna was not used to transport the contraband goods but only bring
    the de gaza lamps.

    Issue: W/N the Cessna plane was used in the unlawful importation of cigagrtes within the meaning of Section 2530 of the TCC
    which provides that

    Held/Ratio: Petition Dismissed. It is not necessary that the vessel or aircraft mist itself carry the contraband. There is nothing in
    the law that requires. In the case at bar, it is undeniable that the Cessna plane was deliberately used to ensure the DC-3 plane
    take off without peril and transport the goods to Pampanga.

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