Thursday, February 02, 2012

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: Whether or not the Cessna plane was used in the unlawful importation of cigarettes within the meaning of Section 2530 of the Tariff & Customs Code

Held: Yes. 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.

Digg Google Bookmarks reddit Mixx StumbleUpon Technorati Yahoo! Buzz DesignFloat Delicious BlinkList Furl

0 comments: on "Llamado v. Collector of Customs, 122 SCRA 118"

Post a Comment