SEC. 320. It shall be lawful for any officer of the customs, including inspectors, or of a revenue cutter, or authorized agent of the Insular Collector, or other person specially appointed for the purpose in writing by the Collector, to go aboard any vessel within the limits of any collection district of the Philippine Archipelago, and to inspect, search, and examine the same, and any person, trunk or envelope on board, and to this end to hail and stop such vessel if under way, to use all necessary force to compel compliance; and if it shall appear that any breach or violation of the laws of the Philippine Islands has been committed, whereby or in consequence of which such vessel, or the merchandise, or any part thereof, on board of or imported by such vessel, is liable to forfeiture, to make seizure of the same or any part thereof, and to arrest, or in case of escape or any attempt to escape, to pursue and arrest any person engaged in such breach or violation.
SEC. 321. The original appointment in writing of any person specially appointed under the provisions of the previous section shall be filed in the custom-house where such appointment is made.
SEC. 322. Any of the officers or persons authorized to board or search vessels may stop, search, and examine, within the limits of an any collection district of the Philippine Archipelago, any vehicle, beast, or person on which or whom he or they shall suspect there is merchandise which is subject to duty or shall have been introduced into the Philippine Islands in any manner contrary to law, whether by persons in possession or charge, or by, in, or upon such vehicle, beast, or person, or otherwise, and to search any trunk, envelope, or person, wherever found, in which he may have reasonable cause to suspect there is merchandise which was imported contrary to law and if any such officer or other person so authorized shall find any merchandise on or about any such vehicle, beast, or person, or in any trunk or envelope, which he shall have reasonable cause to believe is subject to duty, or to have been unlawfully introduced into the Philippine Islands, whether by the person in possession or charge, or by, in, or upon such vehicle, beast, or person, or otherwise, he shall seize and secure the same for trial, and in such case the officer shall arrest the person in whose custody such vehicle or beast, trunk or envelope, is found, and cause due prosecution to be instituted against such person, in case he shall have reasonable ground to believe that such person was knowingly engaged in the violation of the provisions of this Act.
SEC. 323. Every such vehicle or beast, or either, together with the teams or other motive power used in conveying, drawing, or propelling such vehicle or merchandise, and all other appurtenances, including trunks, envelopes, covers, and all means of concealment, rind all the equipage, trappings, and other appurtenances of such beast, team, or vehicle, shall be subject to seizure and forfeiture. If any person who may be driving or conducting, or in charge of any such carriage or vehicle or beast, or any person traveling, shall willfully refuse to stop and allow search and examination to be made as heroin provided, when required to do so by an authorized person, he shall be punishable by a fine of not more than one thousand dollars, nor less than fifty dollars.
SEC. 324. No railway car or engine, or other vehicle or team used by any person or corporation, as common carriers, shall be subject to forfeiture by force of the provisions of this Act, unless it shall appear that the owner, superintendent, or agent of the owner in charge thereof at the time of such unlawful importation or transportation thereon or thereby was a consenting party, or privy to such illegal importation or transportation.
SEC. 325. The Insular Collector may from time to time prescribe regulations for the search of persons and baggage, and for the employment of female inspectors for the examination and search of persons of their own sex; and all persons coming into the Philippine Islands from foreign countries shall be liable to detention and search by authorized officers or agents of the Government under such regulations.
SEC. 326. Any person authorized by this Act to make searches and seizures, or any person assisting him or acting under his directions, may, if deemed necessary by him or them, enter into or upon or pass through tin; lands, inclosures, and buildings within the Philippine Archipelago, other than the dwelling house, of any person whomsoever, in the night or in the daytime, in order to the more effectual discharge of his official duties.
SEC. 327. If any collector, surveyor, inspector, or other person specially appointed by the collector, shall have cause to suspect a concealment of any merchandise, imported in violation of this Act, in any particular dwelling house, store building, or other place, within the Philippine Archipelago, they, or either of them, upon proper application on oath to any judge of First Instance, or to any justice of the peace, shall be entitled to a warrant to enter such house, store, or other place, in the daytime only, and there to search for such merchandise: and if any shall be found, to seize and secure the same for trial and all such merchandise on which the duties shall not have been paid, or secured to be paid, shall be seized and forfeited.
SEC. 328. If any master of a vessel coming into or having arrived at any port within the Philippine Islands shall obstruct or hinder, or shall intentionally cause any obstruction or hindrance to any officer in lawfully going on board such vessel for the purpose of carrying into effect any of the revenue laws of the Philippine Islands, he shall for every offense be liable to a penalty of not more than one thousand dollars nor less than fifty dollars.
SEC. 329. If any box, trunk, chest, cask, or other package shall be found in the cabin, steerage, or forecastle of a vessel, or in other place separate from the residue of the cargo, the officer of the customs shall take a particular account of such package, and of the marks and numbers thereof, if any and a description thereof, and, if he judges proper, shall seal every such package and such account and description shall be by him forwarded without delay to the collector of the district to which the vessel is bound. If, upon arrival at the port of entry the package or packages so described, or any of them, are missing, or if any seal put thereon has been broken, the master shall be liable to a penalty for every package missing, or on which any seal shall be broken, of two hundred dollars, and shall also be subject to all the penalties in this Act prescribed for violation of the provisions of this Act by unlawful importation of merchandise, and the fact that such package or packages are missing, or that the seal thereon has been broken, shall be prima facie evidence of an unlawful importation of the goods contained therein.
SEC. 330. The inspector who may be put on board of any vessel shall secure, after sunset each evening or previous to his quitting the vessel, the hatches and other communications with the hold of such vessel or any part thereof he may judge necessary, with locks or other proper fastenings, which locks or other fastenings shall not be opened, broken, or removed until the following morning, or after the rising of the sun and in the presence of the inspector by whom the same were affixed, except by special license from the collector of the port first obtained. If the lock's or other fastenings, or any of them, are broken or removed contrary to this section, or if any merchandise or package's are clandestinely landed, notice thereof shall be immediately given by the inspector to the collector of the port where the vessel may be; and the master of such vessel shall, for each offense, be liable to a penalty of not more than five hundred dollars, and shall also be subject to all the penalties in this Act prescribed for violation of the provisions of this Act by unlawful importation of merchandise, and the fact that such package or packages are missing, or that the seal thereon has been broken, shall be prima facie evidence of an unlawful importation of the goods contained therein.
SEC. 331. Every officer or other person authorized to make searches and seizures by this Act shall, at the time of executing any of the powers conferred upon him, make known, upon being questioned, his character as an officer or agent of the customs or Government, and shall have authority to demand of any person within the distance of three miles to assist him in making any arrests, search, or seizure authorized by this Act where such assistance may be necessary; and if such person shall, without reasonable excuse, neglect or refuse so to assist, upon proper demand, he shall be deemed guilty of a misdemeanor, punishable by a fine of not more than two hundred dollars nor less than twenty-five dollars.
SEC. 332. It shall be the duty of the several officers of the customs to seize and secure any vessel or merchandise which shall become liable to seizure by virtue of any law respecting the revenue, as well without as within their respective districts.
SEC. 333. Any person who assaults, resists, opposes, or interferes in any manner with any officer of the customs or person lawfully assisting him in the discharge of his duty, or offers them presents or bribes to influence or reward their acts, or who rescues or attempts to rescue any property that has been seized by a customs officer or a person so authorized, shall, upon conviction, be fined not less than one hundred dollars nor more than two thousand dollars, or be imprisoned not less than six months nor more than two years, or both; and any person who assaults an officer of the customs or any person lawfully assisting him in the execution of his duty, with an intent to commit a bodily injury on him, shall be imprisoned at hard labor for a term not more than ten years nor less than one year. But every officer of the customs exercising the powers of his position is required to make known his character if questioned.
SEC. 334. In all cases of seizure of property subject to seizure and forfeiture for any of the causes named in any provision of the law relating to customs, the collector shall cause a list and particular description of the property seized to be prepared in duplicate and an appraisement of the same to be made by two sworn examining officers under the revenue laws, if there are such officers at or near the place of seizure, but if there are not, then by two competent and disinterested citizens of the Philippine Islands, to be selected by him for that purpose, residing at or near the place of seizure, which list and appraisement shall be properly attested by such collector and the persons making the appraisal. For such services as appraisers they shall be allowed out of the revenue throe dollars each for every day necessarily employed in such service.
SEC. 335. After such appraisal the collector or other proper officer shall give notice once a week, for three successive weeks, in some newspaper of general circulation in the province or city where such seizure shall have been made, and also notices shall be posted in proper public places, which notices shall describe the articles seized, and state the time, cause, and place of seizure, and shall require any person claiming such articles to appear and file with such collector of customs or other officer his claim to such articles within twenty days from the date of the first publication of such notice. If there be no newspaper of general circulation in the province, then notice shall be given by the posting of notices as in this section provided.
SEC. 336. Any person claiming the property so seized may, at any time within twenty days from the date of such publication, file with the collector a claim, stating his interest in the articles seized, and upon depositing with such collector a bond to the Government of the Philippine Islands in the penal sum of two hundred and fifty dollars, with two sureties, to be approved by such collector, conditioned that, in case of the condemnation of the articles so claimed, the obligors shall pay all the costs and expenses of the proceedings to obtain such condemnation, and such collector shall thereupon transmit the claim, with the duplicate list and description of the articles seized and claimed, to the proper prosecuting officer of the district in which the port is situated, who shall proceed for a condemnation of the property in the ordinary mode prescribed by law.
SEC. 337. If no such claim shall be filed or bond given within the twenty days above specified, such collector shall give not less than fifteen days notice of the sale of the property so seized, by publication in the manner before mentioned and at the time and place specified in such notice, he shall sell at public auction the property so seized, and shall deposit the proceeds, after deducting lawful storage, if any, the actual expenses of such seizure, publication, and sale, in the Treasury of the Philippine Islands. The collector, however, shall have power to adjourn such sale from time to time for a period not exceeding thirty days in all, unless otherwise directed by the Insular Collector.
SEC. 338. Any person claiming to be interested in the property sold under the provisions of the preceding section may, within three months after such sale, apply to the Insular Collector for a remission of the forfeiture and a restoration of the proceeds of such sale, and the same may be granted by the Insular Collector upon payment of duties, if any, and upon satisfactory proof, to be furnished in such manner as he shall direct, that the applicant at the time of the seizure and sale of the property in question did not know of the seizure, and was in such circumstances as prevented him from knowing the same, and that such forfeiture was incurred without willful negligence or any intention of fraud on the part of the owner of such property, but no such remission or restoration shall be effective until approved by the Secretary of Finance and Justice.
SEC. 339. Whenever seizure shall be made of any property which, in the opinion of the collector, is liable to perish or waste, or to be greatly reduced in value by keeping, or which can not be kept without great disproportionate expense, whether such property consist of live animals or merchandise, and when no claim shall have been interposed therefor as is hereinbefore provided, the appraisers, if requested by the collector or principal officer making the seizure, at the time when such appraisal is made, shall certify on oath in their appraisal their belief that the property seized is liable to speedy deterioration, or that the expense of its keeping will largely reduce the net proceeds of the sale; and in case the appraisers thus certify, such collector or other officers may proceed to advertise and sell the same at auction, by giving notice for such time as he may think reasonable of such seizure and intended sale, by advertisement as hereinbefore provided and the proceeds of such sale shall be deposited with the Insular Treasurer as a special deposit, subject, nevertheless, to the payment of such claims as shall be presented within three months from the day of sale, and allowed by the Insular Collector. If no claim is presented to the Insular Collector within said three months such deposit shall be covered into the Treasury as customs receipts.
SEC. 340. The collectors of the several districts of the Philippine Islands, in all cases of seizure of any merchandise for violation of the revenue laws, are hereby authorized, subject to the previous approval of the Insular Collector, to release such merchandise on payment of the appraised value thereof, including the duties thereon.
SEC. 341. If any person shall fraudulently or knowingly import or bring into the Philippine Islands, or assist in so doing, any merchandise, contrary to law, or 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, such merchandise shall be seized , and forfeited and the offender shall be fined in a sum not exceeding five thousand dollars nor less than fifty dollars, or be imprisoned for any time not exceeding two years, or both. Whenever, on trial for a violation of this section, the defendant is shown to have or to have had possession of such goods, such possession shall be deemed sufficient evidence to authorize conviction, unless the defendant shall explain the possession to the satisfaction of the court.
SEC. 342. Whenever any seizure shall be made for the purpose of enforcing any forfeiture, the collector or other person causing such seizure to be made shall immediately give information thereof to the Insular Collector.
SEC. 343. Whenever a vessel, or the owner, master, or manager thereof, shall be subject to a penalty for the violation of the revenue laws, such vessel shall be seized and held for the payment of such penalty.
SEC. 344. All fines, penalties, and forfeitures lawfully incurred or imposed not enforceable or collectible by the respective collectors, either by reason of the nature of the statutory provision authorizing the same or by reason of there being no property under the control of the collector upon which the lien for such liability created by the imposition of such fine, penalty, or forfeiture can be enforced without a suit or criminal prosecution, shall be reported by the collector within ten days to the proper prosecuting officer of the district in which such fines, penalties, or forfeitures are incurred or imposed, together with a statement of all the facts and circumstances of the case within the collector's knowledge, or which may come to his knowledge from time to time, together with the names of the witnesses and the provisions of the law believed to be violated, on which a reliance may be had for condemnation or conviction.
SEC. 345. The prosecuting officer, upon receiving such report of the collector, shall cause suit or prosecution to be commenced and prosecuted without delay for the fines, personal penalties, and other forfeitures by law in such cases provided.
SEC. 346. All merchandise or property of any kind seized under the provisions of any law of the Philippine Islands relating to the customs shall, unless otherwise provided by law, be placed and remain in the custody of the collector or principal officer of the customs of the district in which the seizure shall be made, to abide adjudication by the proper tribunal, or other disposition according to law.
SEC. 347. The collector within whose district any seizure shall be made or forfeiture incurred for any violation of the duty laws, whenever it may become necessary to enforce the same in accordance with the provisions of section three hundred and forty-four of this Act, is hereby enjoined to cause suits for the same to be commenced without delay, and prosecuted to effect; and is, moreover, authorized to receive from the court within which such trial is had, or from the proper officer thereof, the sum recovered, after deducting all proper charges to be allowed by the court; and on receipt thereof he shall pay and distribute the same without delay, according to law.
Source: Supreme Court E-Library, Republic of the Philippines. Philippine laws are public documents (works of the government).
