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The Supreme Court ruled that the Commissioners of Immigration are not required to conduct formal hearings or promulgate written decisions for all applications for extension of stay by aliens. The Court found that due process does not necessitate judicial proceedings in administrative matters. Furthermore, the word "decision" in the Immigration Act refers to the number of votes needed, not a written decision. The Court also determined prohibition was not the proper remedy since habeas corpus was available.
The Supreme Court ruled that the Commissioners of Immigration are not required to conduct formal hearings or promulgate written decisions for all applications for extension of stay by aliens. The Court found that due process does not necessitate judicial proceedings in administrative matters. Furthermore, the word "decision" in the Immigration Act refers to the number of votes needed, not a written decision. The Court also determined prohibition was not the proper remedy since habeas corpus was available.
The Supreme Court ruled that the Commissioners of Immigration are not required to conduct formal hearings or promulgate written decisions for all applications for extension of stay by aliens. The Court found that due process does not necessitate judicial proceedings in administrative matters. Furthermore, the word "decision" in the Immigration Act refers to the number of votes needed, not a written decision. The Court also determined prohibition was not the proper remedy since habeas corpus was available.
authorities of not granting formal hearings in certain
cases as the circumstances may warrant, for reasons of FACTS practicability and expediency. George de Bisschop (Bisschop), an American citizen, was This would not violate due process because the letter instructing allowed to stay in the country until 1 August 1959 as a Bisschop to depart is a mere formality, a preliminary step. prearranged employee of the Bissmag Production, Inc. o The requirement to leave before the start of (Bissmag), of which he is president and general manager. deportation proceedings is only an advice to the He applied for extension of stay with the Bureau of Immigration, party that unless he departs voluntarily, the State in a letter dated 10 July 1959. will be compelled to take steps for his expulsion. However, this application was denied by the Commissioner of Furthermore, a day in court is not a matter of right in Immigration – in view of damaging reports of Immigration administrative proceedings. Officer Benjamin De Mesa to the effect that Bissmag is a o Due process of law is not necessarily judicial process; gambling front and that Bisschop is suspected of tax evasion – in much of the process by means of which the government is a communication of 10 September 1959 and Bisschop was carried on, and the order of society maintained, is purely advised that he should depart within 5 days. executive or administrative, which is as much due process of Bisschop’s counsel requested a copy of the decision. law. The legal officer of the Bureau of Immigration replied that, o A day in court is matter of right only in judicial where the result of an application for extension is a denial, no proceedings and not necessarily in administrative formal decision, order, or resolution is promulgated by the Board proceedings. for reasons of practicability and expediency. 2nd issue Bisschop then filed this petition for prohibition. The use of the word “decision” in Sec. 8 1 of the Immigration Act The TC granted the petitioni, ordering the Board to refrain from refers to the number of “votes” necessary to constitute the arresting Bisschop and that it should first conduct formal decision of the Board and not to a written decision. hearings. Were the intention of the lawmaker otherwise, it would have expressly stated it because the law, in fact, enumerates when a ISSUES/HELD written decision is necessary. Are the Commissioners of Immigration required to conduct Finally…. formal hearings on all applications for extension of stay of Prohibition may not be granted because there is another plain, aliens? – NO. speedy and adequate remedy available to Bisschop in the form Do the Commissioners need to promulgate written decisions in of habeas corpus. such cases? – NO. Prohibition is, after all, not favored by the courts and will only be granted in cases of extreme necessity. RATIONALE 1st issue Since CA 613 (Philippine Immigration Act of 1940) is silent as to the procedure to be followed in these cases, the Court is inclined to uphold the argument that courts have no jurisdiction to 1 “…in any case coming before the Board of Commissioners, the decision of any two review the purely administrative practice of immigration members shall prevail.”