RUFINO LOPEZ & SONS, INC., v. THE COURT OF TAX APPEALS

G.R. No. L-9274 February 1, 1957

Doctrine :Judicial Capacity to Review Decisions

Facts:
1. Lopez & Sons imported hexagonal wire netting from Hamburg, Germany. The Manila Collector of Customs
assessed the corresponding customs duties on the importation on the basis of consular and supplies invoices. Said
customs duties were paid and the shipments were released. Subsequently, however, and freight of said wire netting
and as a result of the reassessment, additional customs duties were levied and imposed upon petitioner.2. On May
23, 1955, a motion to dismiss was filed at the Court of Tax Appeal but was dismissed on the ground that it had no
jurisdiction to review decisions of the Collector of Customs of Manila, citing section 7 of Republic Act No. 1125,
creating said tax court
Issue:
Whether Section 11 of RA 1125 allows the respondent court to review decisions of the Collector of Customs?
Ruling:

Yes, the respondent court can review decisions of the Collector of Customs. Under the laws, particularly, the
Customs Law and Republic Act No. 1125, the Court of Tax Appeals has no jurisdiction to review by appeal,
decisions of the Collector of Customs. The Commissioner of Customs is purely administrative, whereas, appeal to
the Court of Tax Appeal is manifestly judicial. And it is a sound rule that before one resorts to the Courts, the
administrative remedy provided by law should first be exhausted. In the second place, the two remedies suggested
by the petitioner would result in confusion because person adversely affected by a decision of a Collector of
Customs could not be sure where to seek the remedy, whether with the Commissioner of Customs or with the Court
of Tax Appeals, and it might even be difficult for him to decide because, if he took the appeal directly to the Tax
Court, that would ordinarily cut off his remedy before the Commissioner of Customs for the reason that, should the
Court of Tax Appeals decide against him, he may not appeal said decision to the Commissioner of Customs because
the Commissioner as an administrative officer may not review the decision of the Court. On the other hand, if the
person affected by a decision of a Collector of Customs took his appeal to the Commissioner of Customs, and there
receives an adverse decision, he may yet appeal wherefrom to the Court of Tax Appeals