NDC vs Collector of Customs Admin Law Digest

National Development Company

vs

Collector of Customs

GR No. L-19180, 31 October 1963

9 SCRA 429

FACTS

            The customs authorities found that the vessel carried on board an unmanifested cargo consisting of one television set, and respondent Collector of Customs sent a written notice to the operator of the vessel and the latter answered stating that the television set was not cargo and so was not required by law to be manifested. The operator requested an investigation and hearing but respondent finding the operator’s explanation not satisfactory imposed on the vessel a fine of P5,000.00, ordering said fine to be paid within 48 hours from receipt, with a threat that the vessel would be denied clearance and a warrant of seizure would be issued if the fine will not be paid.

            NDC, as owner, and operator AV Rocha filed for special civil action for certiorari before the CFI of Manila against the respondent. Respondent contended that petitioners have not exhausted all available administrative remedies, one of which is to appeal to the Commissioner of Customs.

ISSUE

            Whether or not the contention of respondent is correct.

HELD

            The Court held in the negative. Respondent Collector committed grave abuse of discretion because petitioner NDC was not given an opportunity to prove that the television set involved is not a cargo that needs to be manifested. Exhaustion of administrative remedies is not required where the appeal to the administrative superior is not a plain, speedy or adequate remedy in the ordinary course of law, as where it is undisputed that the respondent officer has acted in utter disregard of the principle of due process.