Qua Chee Gan v. The Deportation Board | Barrera, J.
power to arrest and fix the amount of the bond
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
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 effected in 2 ways:
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.