G.R. No. L-24800 May 27, 1968
IN THE MATTER OF THE PETITION FOR A WRIT OF HABEAS CORPUS, PIO NERIA, petitioner-appellee, vs. THE COMMISSIONER OF IMMIGRATION, respondent-appellant.

FACTS

Pio Neria arrived in the Philippines on July 9, 1961, claiming to be a Filipino citizen. His case was referred to the Board of Special Inquiry No. 1, which, on August 2, 1961, after investigation, rendered a unanimous written decision admitting him as a Filipino citizen. A copy of this decision was received by his counsel on September 4, 1961. On September 1, 1961, the Immigration authorities issued him an Identification Certificate attesting to his admission. On January 24, 1962, the Secretary of Justice issued Memorandum Order 9, which set aside all decisions purportedly rendered by the Board of Immigration Commissioners on appeal or review of Board of Special Inquiry decisions, and directed a new review. In compliance, a new Board of Immigration Commissioners reviewed the proceedings and, on the basis of a hearing officer’s memorandum dated July 30, 1962, reversed the Board of Special Inquiry’s decision and ordered Neria’s exclusion. Neria’s motion for reconsideration was denied on October 12, 1962. Neria filed a petition for certiorari and prohibition, which was dismissed without prejudice on March 31, 1964. On April 23, 1965, Neria was arrested by immigration agents and detained. He filed the present petition for habeas corpus. The lower court initially dismissed the petition but later granted it in an amended decision, ordering his release. The Commissioner of Immigration appealed.

ISSUE

Whether the decision of the new Board of Immigration Commissioners, reversing the Board of Special Inquiry’s decision, is null and void for having been rendered without or in excess of jurisdiction, or with grave abuse of discretion, for being made beyond the one-year period for motu proprio review under Section 27(b) of Commonwealth Act 613, as amended.

RULING

The Supreme Court affirmed the lower court’s amended decision granting the writ of habeas corpus and ordering Neria’s release. The Court held that the one-year period for the Board of Immigration Commissioners to review motu proprio a decision of the Board of Special Inquiry commences from the date of promulgation of that decision. Promulgation, in this context, means the date the interested party is officially notified of the decision. Since Neria’s counsel received a copy of the Board of Special Inquiry’s decision on September 4, 1961, the one-year period for motu proprio review began on that date. The new Board’s review, initiated after the Secretary of Justice’s order dated January 24, 1962, and its decision based on a hearing officer’s memorandum dated July 30, 1962, were made beyond the one-year period that expired on September 4, 1962. Therefore, the new Board acted without jurisdiction, and its decision was null and void. Consequently, the warrant of exclusion based on that void decision was illegal, and Neria’s detention was unlawful.