This case has been cited 2 times or more.
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2014-06-11 |
PEREZ, J. |
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| Time and again, and consistently, this Court has ruled that the onus probandi to establish the existence of fraud is lodged with the Bureau of Customs which ordered the forfeiture of the imported goods. Fraud is never presumed. It must be proved. Failure of proof of fraud is a bar to forfeiture. The reason is that forfeitures are not favored in law and equity.[29] The fraud contemplated by law must be intentional fraud, consisting of deception willfully and deliberately done or resorted to in order to induce another to give up some right.[30] Absent fraud, the Bureau of Customs cannot forfeit the shipment in its favor. | |||||
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2008-02-11 |
CARPIO MORALES, J. |
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| Fraud contemplated by law must be intentional that which is actual and not constructive, and consists of deception willfully and deliberately dared or resorted to in order to give up some right.[41] | |||||