Otherwise there would be interference with the possession before the function

Otherwise there would be interference with the

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would be interference with the possession before the function of law had been performedas to the process under which the property was taken. So basic is the doctrine that itfound inclusion in the 1997 amendments introduced to the Rules of Civil Procedure. Thus,Sec. 2 (c), Rule 60 of the 1997 Rules of Civil Procedure provides that: "AAdavit and bond.— Upon applying for such order the plaintiff must show by his own aAdavit or that someother person who personally knows the facts:" . . . "(c) That the property has not beendistrained or taken for a tax assessment or Ene pursuant to law, or seized under a writ ofexecution, or preliminary attachment or otherwise placed under custodia legis, or if soseized, that it is exempt from such seizure or custody; . . ."3.ID.; ID.; ID.; SECTION 80 OF P.D. NO. 705 WHICH REQUIRES DELIVERY OF THESEIZED FOREST PRODUCTS WITHIN SIX (6) HOURS FROM THE TIME OF SEIZURE TO THECD Technologies Asia, Inc. 2018cdasiaonline.com
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APPROPRIATE OFFICIAL DESIGNATED BY LAW TO CONDUCT PRELIMINARYINVESTIGATIONS APPLIES ONLY TO CRIMINAL PROSECUTIONS PROVIDED FOR INSECTION 68, AND NOT TO ADMINISTRATIVE CONFISCATION PROVIDED FOR IN SECTION68-A. — Sec. 80 of P.D. No. 705 which requires delivery of the seized forest products withinsix (6) hours from the time of the seizure to the appropriate oAcial designated by law toconduct preliminary investigations applies only to criminal prosecutions provided for inSec. 68, and not to administrative conEscation provided for in Section 68-A. The title ofSec. 80-A — "Arrest; Institution of Criminal Actions" — bespeaks this intendment of the law.The fact, too, those Secs. 68 and 80 were co-existing prior to the introduction of Sec. 68-A,proves that Sec. 80 applies to the criminal prosecution subject of Sec. 68 and not to theadministrative conEscation subject of Sec. 68-A. Sec. 68-A, therefore, should not beinterpreted in relation to Sec. 80 as to require that criminal charges be Eled with andseized forest products be immediately delivered to, the Escal in case of administrativeconEscation, for this renders nugatory the purpose sought to be achieved thereby.Statutes should always be construed in the light of the object to be achieved and the evil ormischief to be suppressed, and they should be given such interpretation as will advancethe object, suppress the mischief, and secure the benefits intended.4.ID.; SPECIAL CIVIL ACTIONS; CONTEMPT; WITHOUT A LAWFUL ORDERHAVING BEEN ISSUED, NO CONTEMPT OF COURT COULD BE COMMITTED. — The writ ofseizure and the writ of replevin were issued by the trial court in grave abuse of itsdiscretion. Thus, disobedience thereto cannot constitute indirect contempt of court whichpresupposes that the court order thereby violated was valid and legal. Without a lawfulorder having been issued, no contempt of court could be committed.
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  • Fall '15
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  • Supreme Court of the United States, Appellate court, Injunction

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