8/17/2019 Paterok, Nuesa, NFA
1/5
G.R. Nos. 90660-61 January 21, 1991
UTE PATEROK, petitioner-appe ant,
!s.
"UREAU O# $U%TO&% an' (ON. %A)*A+OR N. & %ON,
respon'ents-appe ees.
#a ts
In March 1986, the petitioner shipped from Germany to the
Philippines two(2) containers, one with used household oods and the
other with two (2) usedautomo!iles (one "our etti and one Mercedes
"en# $%& ' )* +he rst containerwas released !y the "ureau of
ustoms and later on, the "our etti car, too* +heMercedes "en#,
howe-er, remained under the custody of the said "ureau* In.ecem!er
198/, the petitioner recei-ed a notice of hearin from the le al
o0cer ofthe Manila International ontainer Port, "ureau of ustoms
informin the formerthat sei#ure proceedin s were !ein initiated a
ainst the said Mercedes "en# for-iolation of "atas Pam!ansa "l * /
in relation to 'ection 2% &( ) of the +ari3 and
ustoms ode of the Philippines (+ P), as amended, and entral "an4
ircular( " ) 1&69*
5hile the said case was pendin , the petitioner recei-ed only on
pril, 1988,a letter informin her that a decision orderin the
forfeiture of her Mercedes "en#had !een rendered on .ecem!er 16,
1986 !y the .istrict ollector of ustoms* +hepetitioner had not !een
informed that a separate sei#ure case was led on the sameMercedes
"en# in 7uestion !efore the said .istrict ollector, an o0ce
li4ewise underthe "ureau of ustoms* +he petitioner later found out
that on o-em!er 1 , 1986, a
otice of earin set on .ecem!er 2, 1986, concernin the said
Mercedes "en#,
was posted on the !ulletin !oard of the "ureau of ustoms at Port
rea, Manila* +hepetitioner, thereafter, led a motion for new trial%
!efore the ollector of ustoms,Port of Manila, !ut the latter, in an
order6 dated May &, 1988, denied the same,in-o4in the failure
of the former to appear in the said hearin despite the postinof the
notice on the !ulletin !oard*
ssue 5hether or not the pu!lication on the !ulletin !oard was
su0cientcompliance with proper ser-ice of notice*
(e '
:* +ime and a ain, the ourt has emphasi#ed the imperati-e
necessity for
administrati-e a encies to o!ser-e the elementary rules of due
process* In thepresent case, althou h there was a notice of hearin
posted on the !ulletin !oard,the said procedure is premised on the
round that the party or owner of theproperty in 7uestion is
un4nown* In the case at !ar, the facts e-idently show thatthe
petitioner could not ha-e !een un4nown* If only the pu!lic
respondents hade;ercised some reasona!le dili ence to ascertain
from their own records theidentity and address of the petitioner as
the owner and the consi nee of theproperty in 7uestion, the
petitioner would ha-e !een a3orded the opportunity to !e
8/17/2019 Paterok, Nuesa, NFA
2/5
heard and to present her defense which is the essence of
procedural due process*otwithstandin the procedural in rmity
aforementioned, the ourt cannot allow
the petitioner to retrie-e the -ehicle as the importation of the
same is clearly in-iolation of "P / which prohi!its the importation
of asoline powered motor carswith an en ine displacement of o-er
2,8&& cu!ic centimetres*
/G.R. No. 1 20 . &ar 3 6, 20024
(ON. ANTON O &. NUE%A in 3is apa ity as t3e Re5iona +ire tor
o +ARRe5ion an' RE%T TUTO R *ERA, petitioners, !s. (ON. $OURT
O#APPEA)% 71 t3 +i!.8, (ON. +EPART&ENT O# AGRAR AN
RE#OR&A+JU+ $AT ON "OAR+ 7+ARA"8 an' JO%E *ER+ ))O,
respon'ents.
#a ts
:n May 2%, 19/2, then 'ecretary of rarian erdillo o-er two (2)
parcels of a ricultural land under the
conditions that within a period of si; (6) months, the pri-ate
respondent shall
personally culti-ate or otherwise de-elop at least one?fourth of
the area or occupyand construct his house in case of residential
lot and pay at least the rstinstalment*
:n u ust 26, 199 , or after twenty?one years, pri-ate respondent
led anapplication with the
8/17/2019 Paterok, Nuesa, NFA
4/5
/G.R. Nos. 11 121-2 . #e:ruary 9, 19964
NAT ONA) #OO+ AUT(OR T; an' RO&EO G. +A* +, petitioners, !s.
T(E(ON. $OURT O# APPEA)%, (ON. "ERNAR+O P. A"E%A& %, Presi'in5
Ju'5e,Re5iona Tria $ourt, "ran 3 , ,Presi'in5 Ju'5e, Re5iona Tria
$ourt, "ran 3 9,
