Padilla vs. Dizon (Crim1)

Alexander Padilla, complainant, vs. The Hon. Baltazar R. Dizon, Presiding Judge of the Regional Trial Court of Pasay City, Branch 113, respondent.

February 23, 1988

Per Curiam

Facts:

• Respondent Baltazar R. Dizon acquitted, in his decision, the tourist and accused, Lo Chi Fai, saying that Lo Chi Fai had no willful intention to violate the law. He also directed the release to Lo Chi Fai of at least the amount of US$3,000.00 under Central Bank Circular No. 960.
• Lo Chi Fai was caught by Customs guard at the Manila International Airport while attempting to smuggle foreign currency and foreign exchange instruments out of the country.
• An information was filed against Lo Chi Fai with the RTC for violation of Sec. 6, Central Bank Circular No. 960 with a penal sanction provided by Sec. 1, PD NO. 1883.
• Sec. 6, Central Bank Circular No. 960 provides that no person shall take out or transmit or attempt to take out or transmit foreign exchange in any form out of the Philippines without an authorization by the Central Bank. Tourists and non-resident visitors may take out or send out from the Philippine foreign exchange in amounts not exceeding such amounts of foreign exchange brought in by them. Tourists and non-resident temporary visitors bringing with them more than US$3,000.00 or its equivalent in other foreign currencies shall declare their foreign exchange in the form prescribed by the Central Bank at points of entries upon arrival in the Philippines.
• Sec. 1, P.D. No. 1883 provides that any person who shall engage in the trading or purchase and sale of foreign currency in violation of existing laws or rules and regulations of the Central Bank shall be guilty of the crime of blackmarketing of foreign exchange and shall suffer the penalty of reclusion temporal (minimum of 12 years and 1 day and maximum of 20 years) and a fine of no less than P50,000.00.
• At the trial, Lo Chi Fai tried to establish that he was a businessman from Hongkong, that he had come to the Philippines 9 to 10 times to invest in business in the country with his business associates, and that he and his business associates declared all the money they brought in and all declarations were handed to and kept by him.
• Because of the revolution taking place in Manila during that time, Lo Chi Fai was urged by his business associates to come to Manila to bring the money out of the Philippines.
• Commissioner of Customs, Alexander Padilla, then filed a complaint against Baltazar R. Dizon for acquitting Lo Chi Fai.

Issue:

• Whether or not respondent Baltazar R. Dizon is guilty of gross incompetence or gross ignorance of the law in holding that the accused, Lo Chi Fai, for violation of Central Bank Circular No. 960, the prosecution must establish that the accused had the criminal intent to violate the law.

Held:

• Yes.

Ratio:

• Baltazar R. Dizon ignored the fact that the foreign currency and foreign currency instruments found in the possession of Lo Chi Fai when he was apprehended at the airport and the amounts of such foreign exchange did not correspond to the foreign currency declarations presented by Lo Chi Fai at the trial, and that these currency declarations were declarations belonging to other people. 
• In invoking the provisions of the Central Bank Circular No. 960 to justify the release of US$3,000.00 to Lo Chi Fai, Baltazar R. Dizon again diplayed gross incompetence and gross ignorance of law. There is nothing in the Central Bank Circular which could be taken as authority for the trial court to release the said amount of US Currency to Lo Chi Fai.