Qua Chee Gan v. The Deportation Board | Barrera, J.
effected in 2 ways:
FACTS
Qua Chee Gan, James Uy, Daniel Dy alias Dee Pac, Chan Tiong Yu,
Chua Chu Tian, Chua Lim Pao alias Jose Chua, and Basilio King
were charged before the Deportation Board with having purchased
$130,000.00 without the necessary licensing from the Central
Bank and having clandestinely remitted the same to Hong Kong.
After the filing of the deportation charges, a warrant of arrest was
issued for Qua Chee Gan, et al. pending investigation.
They were granted provisional liberty upon their filing of a surely
bond for P10,000.00 and a cash bond for P10,000.00.
Qua Chee Gan, et al. filed a joint motion to dismiss the charges on
the ground, among others, that such charges are not legal
grounds for deportation ad that the Board has not jurisdiction over
such charges. The motion to dismiss was denied.
Qua Chee Gan, et al. then filed a petition for habeas corpus and/or
prohibition.
TIRAL COURT: Upheld the validity of the delegation by the
President to the Deportation Board the power to conduct
investigations for the purpose of determining whether the stay of
an alien in this country would be injurious to the security, welfare
and interest of the State.
o The court also sustained the power of the deportation
Board to issue warrant of arrest and fix bonds for the
alien's temporary release pending investigation on the
theory that the power to arrest and fix the amount of the
bond of the arrested alien is essential to and complement
the power to deport aliens.
ISSUES/HELD
[1] WoN the President has the power to deport aliens and if such
power is validly delegated to the Deportation Board. YES.
[2] WoN the authority to deport aliens includes the power to order
the arrest of such aliens. YES. BUT only when there is already an
ORDER OF DEPORTATION.
RATIO
[1]
Although CA No. 613 expressly grants the Commissioner of
Immigration the power to effect the arrest and expulsion of an
alien, after previous determination by the Board of
Commissioners, but such power was not intended to be delimited
to the Immigration Commissioner as Sec. 69 of the Administrative
Code, although not expressly conferring such power, lays down
the procedure for such deportation proceedings for the President.
Therefore, the deportation of an undesirable alien may be
o By order of the President, after due investigation,
pursuant to Section 69 of the Revised Administrative
Code, and
o By the Commissioner of Immigration, upon
recommendation by the Board of Commissioners, under
Section 37 of Commonwealth Act No. 613.
And although the charges against Qua Chee Gan are not
enumerated in CA No. 613, the act of profiteering, hoarding or
blackmarketing of U.S. dollars, in violation of the Central Bank
regulations, which is tantamount to economic sabotage, is a
ground for deportation under the provisions of Republic Act 503
amending Section 37 of the Philippine Immigration Act of 1940.
[2]
Under EO No. 69, it is required that the alien charged in
deportation proceedings shall file a bond with the Commissioner of
Immigration in order to secure their appearance.
o However, the same did not authorize the arrest of the
alien pending investigation.
It was in EO No. 398, that the Board was authorized motu
proprio or upon the filing of formal charges by the Special
Prosecutor of the Board, to issue the warrant for the arrest
of the alien complained of and to hold him under detention during
the investigation unless he files a bond for his provisional release
in such amount and under such conditions as may be prescribed
by the Chairman of the Board.
However, Section 69 of the Revised Administrative Code,
upon whose authority the President's power to deport is
predicated, does NOT provide for the exercise of the power
to arrest.
Moreover, the right of an individual to be secure in his person is
guaranteed by Sec. 1 Art III of the Constitution: ...no warrants
shall issue but upon probable cause, to be determined by the
judge after examination under oath or affirmation of the
complainant and the witnesses he may produce...
Rodriguez, et al. v. Villamiel, et al. expands the requirement "to
be determined by the judge" to any public officer who may
be authorized by the Legislature to make such
determination, and thereafter issue the warrant of arrest.
Therefore, the arrest of a foreigner, which is necessary to carry
into effect the power of deportation is valid only when
there is already an order of deportation.
o However, during the investigation, it is not indispensable
that the alien be arrested.
o It is enough that a bond be required to insure the
appearance of the alien during the investigation, as was
authorized in EO69.
DISPOSITIVE
Executive Order No. 398 insofar as it empowers the Deportation
Board to issue warrant of arrest upon the filing of formal charges
against an alien or aliens and to fix bond and prescribe the
conditions for the temporary release of said aliens, is declared
illegal.
The order of arrest issued by the respondent Deportation Board is
declared null and void and the bonds filed pursuant to such order
of arrest, decreed cancelled.