GR L 1673; (October, 1948) (Digest)
G.R. No. L-1673; October 22, 1948
LAO TANG BUN (alias VICENTE UY), NG BUN HO (alias ONG CHI BEN) LU BON KING (alias LEE), YAP LIM SUN (alias PIA UY), and GAN PING (alias TANG ENG TIAN), petitioners, vs. ENGRACIO FABRE, JESUS BAUTISTA, and OSCAR ARANETA, Commissioners of Immigration, and THE CHIEF OF POLICE, City of Manila, Philippines, respondents.
FACTS
Petitioners, five Chinese nationals, were arrested and detained by immigration authorities pursuant to warrants issued on August 28, 1947, based on information that they were communists engaged in subversive activities and trafficking in firearms. After an investigation where they were represented by counsel, the Board of Immigration Commissioners found them guilty and ordered their deportation to Amoy. The findings included that they controlled a school used for communist propaganda, solicited funds for Luis Taruc and the Hukbalahap, delivered firearms to the Huks, and made speeches advocating revolution and communism. The petitioners filed a petition for habeas corpus challenging the legality of their detention and deportation order.
ISSUE
Whether the deportation order against the petitioners is valid and lawful.
RULING
No. The Supreme Court granted the writ of habeas corpus and ordered the petitioners’ release. The Court found the evidence presented by the immigration authorities insufficient to justify deportation. Specifically, the evidence failed to conclusively prove the petitioners were communists engaged in activities warranting expulsion. The alleged communist materials seized from the school were not definitively shown to be owned or used by the petitioners for subversion. The testimony regarding firearms trafficking was deemed unreliable due to inconsistencies and lack of corroboration. The Court also noted procedural errors, including the Board’s apparent consideration of secret, unverified reports, which violated the petitioners’ right to due process and a fair hearing. The deportation order was therefore declared unlawful.
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