Asaali vs. Commissioner of Customs (Resolution of MR) February 28, 1969 Fernando, . FAC!"# "AM$ FAC!". %n Asaali et al.&s motion for re'onsideration, dated anuary 1, 1969, substantially a reas of te *oints *reviously raised by tem, tere is an insisten'e on te alle+ed la' of -urisdi'tion of te Customs autorities -ustifyin+ su' seiure on te i+ seas. %t as been establised tat te /ve vessels 'ame from "andaan, 0ritis ort 0orneo, a forei+n *ort, and en inter'e*ted, all of tem ere eadin+ toards !ai3tai, a domesti' *ort itin te "ulu sea. 4aden it forei+n manufa'tured 'i+arettes, tey did not *ossess te im*ort li'ense re5uired by Re*ubli' A't o. 26, nor did tey 'arry a *ermit from te Commissioner of Customs to en+a+e in im*ortation into any *ort in te "ulu sea. !eir 'ourse announ'ed loudly teir intention not merely to sirt alon+ te territorial boundary of te ili**ines but to 'ome itin our limits and land someere in !ai3tai toards i' teir *ros ere *ointed. As a matter of fa't, tey ere about to 'ross our a5uati' boundary but for te intervention of a 'ustoms *atrol i', from all a**earan'es, as more tan ea+er to a''om*lis its mission. %""7$"# 1. te 0ureau of Customs ad -urisdi'tion to institute seiure *ro'eedin+s and de'lare forfeiture. :$". ;C!R%$# It is unquestioned that all vessels seized are of Philippine registry. registry. The Revised Penal Code leaves no doubt as to its applicability and enforceability not only within the Philippines, its interior waters and maritime zone, but also outside of its urisdiction against those committing o!ense while on a Philippine ship. The principle of law that sustains the validity of such a provision equally supplies a "rm foundation for the seizure of the "ve sailing vessels found thereafter to have violated the applicable provisions of the Revised #dministrative Code. RA!%# 1. A state as te ri+t to *rote't itself and its revenues, revenues, a ri+t not limited to its on territory but eubbart) "e'tion 111 of te Revised Administrative Code insofar as *ertinent *rovides# ?For te due and e@e'tive eoever, ile lendin+ su**ort to Asaali&s 'ontention, te se'tion sould not be +iven restri'tive si+ni/'an'e, si+ni/'an'e, es*e'ially if it ould ne+ate te *oer eubbart# !e autority of a nation itin its on territory is absolute and e<'lusive. !e seiure of a vessel itin te ran+e of its 'annon by a forei+n for'e is an invasion of tat territory, and is a ostile a't i' it is its duty to re*el. 0ut its *oer to se'ure itself from in-ury may 'ertainly be e
