Philippine Bar review · Question

Practice question: Customs Search

Multiple Choice Medium

Practice question

Customs personnel exercising Section221 authority negligently damage goods and invoke absolute immunity despite proof of gross negligence. Is the statute’s no-damages language absolute?
  1. No; gross negligence or abuse of authority is expressly excepted
  2. Yes; gross negligence is expressly immune
  3. Yes; all damage is irrelevant
  4. Yes; only the importer may be negligent
  5. Yes; the statute forbids every damages claim

Legal references

  • RA10863, Customs Modernization and Tariff Act, Sections221–222: https://lawphil.net/statutes/repacts/ra2016/ra_10863_2016.html

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