People v. Guiao
REITERATIONFacts
The Antecedents: Nicasio Guiao y David was charged with violating Section 2702 of the Revised Administrative Code, as amended by Section 1 of Republic Act No. 455, for allegedly concealing "Sea Store cigarettes" in the back compartment of his car, knowing they were imported contrary to law. Procedural History: The accused filed a motion to quash, arguing that the information did not constitute an offense. The trial court granted the motion and dismissed the case. The Petition: The City Fiscal appealed the dismissal.
Issue(s)
Whether the information alleging the concealment of "Sea Store cigarettes" constitutes an offense under Section 2702 of the Revised Administrative Code, as amended by Republic Act No. 455. Whether the dismissal of the case by the trial court was premature.
Ruling
The Supreme Court set aside the order of dismissal and remanded the case to the lower court for further proceedings.
Ratio Decidendi
On whether the information alleging the concealment of "Sea Store cigarettes" constitutes an offense under Section 2702 of the Revised Administrative Code, as amended by Republic Act No. 455: The Court held that the reasoning of the trial court, which dismissed the case on the ground that "Sea Store cigarettes" are not dutiable and therefore not illegally imported, was erroneous. While generally for the use of crew members and not for sale to the public, the information alleged that these specific "Sea Store cigarettes" were brought into the Philippines in a suspicious manner, concealed in the back compartment of a car, and that the accused knew they were imported contrary to law. Such allegations, if proven, are sufficient to constitute an offense under the cited law, which punishes any person who shall "receive, conceal, buy, sell or in any manner facilitate the transportation, concealment, or sale of such merchandise after importation, knowing the same to have been imported contrary to law." The Court emphasized that the specific manner of importation and concealment, as alleged, differentiates the case from the general rule regarding sea store items. On whether the dismissal of the case by the trial court was premature: The Court found the dismissal to be premature. The information contained sufficient allegations to constitute an offense. The question of whether the cigarettes were indeed imported contrary to law and whether the accused knowingly concealed them are matters of evidence that should be determined during a trial on the merits, not at the pre-trial stage of a motion to quash. The Court cited a similar case where the defense that the merchandise had not been imported was rejected, stating that "to import" is to bring into a country merchandise from abroad, and the clandestine introduction of goods, regardless of their intended purpose, falls within the purview of the law.
Main Doctrine
The concealment of merchandise, even if classified as 'Sea Store cigarettes,' constitutes an offense under Section 2702 of the Revised Administrative Code, as amended by Republic Act No. 455, if it is alleged that such concealment was done fraudulently or knowingly, and the merchandise was imported contrary to law. A dismissal based on the nature of the goods without trial on the merits is premature.