GR 154745; (January, 2004) (Digest)
G.R. No. 154745 ; January 29, 2004
COMMISSIONER ANDREA D. DOMINGO, BUREAU OF IMMIGRATION, Petitioner, vs. HERBERT MARKUS EMIL SCHEER, Respondent.
FACTS
Respondent Herbert Markus Emil Scheer, a German national, was granted permanent resident status in the Philippines in 1986. He married a Filipina, fathered children, and established a business in Palawan. In 1995, the German Embassy informed Philippine authorities via a Note Verbale that Scheer was wanted under a German arrest warrant for insurance fraud and that his passport had been invalidated. Relying primarily on this diplomatic communication, the Board of Commissioners (BOC) of the Bureau of Immigration issued a Summary Deportation Order against Scheer in 1997, canceling his visa and ordering his deportation. Scheer filed an Urgent Motion for Reconsideration, arguing he was denied due process as he was not given notice or a hearing prior to the order’s issuance. The BOC denied his motion.
ISSUE
Whether the Summary Deportation Order was issued in violation of Scheer’s right to procedural due process.
RULING
Yes. The Supreme Court affirmed the Court of Appeals’ decision annulling the deportation order. The legal logic is anchored on the fundamental requirement of due process, which applies to deportation proceedings. While deportation is an executive act and proceedings may be summary, they cannot be dispensed with entirely. The essence of due process is the opportunity to be heard. The BOC issued the deportation order based solely on the German Embassy’s Note Verbale without affording Scheer any chance to present his side, refute the allegations, or challenge the evidence against him. The Court emphasized that the power to deport must be exercised within the bounds of law and with basic fairness. The foreign government’s request or information does not, by itself, justify deportation without a proper inquiry where the alien is informed of the charges and given a meaningful opportunity to respond. Consequently, the order was void for having been issued in violation of Scheer’s constitutional right to due process.