G.R. No. L-7211; August 25, 1913
The United States vs. Tan Yak

FACTS

Tan Yak was arrested pursuant to a warrant based on a sworn complaint filed by the Collector of Customs of Zamboanga, charging him as a Chinese laborer found within the Philippine Islands without the certificate of registration required under Act No. 702 . In deportation proceedings before the Court of First Instance of Zamboanga, the judge ordered his deportation. Tan Yak appealed. The evidence presented at the hearing, if any, was not reduced to writing and is not part of the record on appeal.

ISSUE

Whether the deportation order should be reversed due to the absence of a written record of the evidence submitted in the trial court.

RULING

Yes. The order of deportation is reversed and the case is remanded for a new trial. The Court held that while deportation proceedings are not criminal in nature and the defendant is not entitled to all constitutional rights of an accused in a criminal action, an appeal from such an order is proper as it is a special proceeding over which the Supreme Court has appellate jurisdiction. The mode of appeal, as practiced, is substantially similar to that in criminal cases by certification of the record. However, for the Supreme Court to review the findings of the trial judge, the evidence upon which the order is based must be brought up on appeal. Since no written record of the evidence exists, review is impossible. The Court cannot merely rely on the factual statements in the trial judge’s order; the evidence must be preserved and presented to determine if the findings are supported. The proceedings are remanded so that evidence may be properly taken and recorded.