G.R. No. 180364, December 3, 2014
TZE SUN WONG, Petitioner, vs. KENNY WONG, Respondent.

FACTS

Petitioner Tze Sun Wong is a Chinese citizen who immigrated to the Philippines in 1975 and acquired permanent resident status in 1982. He studied, married, resided, and owned a business in the country. Respondent Kenny Wong filed a Complaint Affidavit before the Bureau of Immigration (BOI) alleging that petitioner misrepresented himself as a Filipino citizen in his driver’s license application and that petitioner and his business partner issued bouncing checks. Petitioner denied the misrepresentation claim, stating another person filled out his application form and entered wrong information. The BOI found probable cause and filed deportation charges. In a Judgment dated October 2, 2002, the BOI Board of Commissioners ordered petitioner’s deportation on grounds of illegal use of an alias (“Joseph Wong”) and misrepresenting himself as a Filipino citizen in his driver’s license application, violating Section 37(a)(7) and (9) of Commonwealth Act No. 613 (The Philippine Immigration Act of 1940) in relation to Republic Act No. 6085. The BOI noted driver’s license applications require personal appearance, so petitioner actively involved himself in the issuance of a fraudulent license. Petitioner’s motion for reconsideration was denied. He appealed to the Secretary of Justice, who affirmed the BOI ruling. Petitioner then filed a petition for certiorari before the Court of Appeals (CA), which denied it. Petitioner sought reconsideration, which was also denied.

ISSUE

Whether or not the CA correctly denied petitioner’s petition for certiorari.

RULING

The CA correctly denied the petition. The Court held that petitioner chose the wrong remedy. Decisions of the BOI Board of Commissioners are appealable to the CA via a petition for review under Rule 43 of the Rules of Court, not a petition for certiorari. The Court cited Dwikarna v. Hon. Domingo, which held that if dissatisfied with the BOI Board of Commissioners’ decision, a party can move for reconsideration and, if denied, elevate the case by petition for review before the CA under Rule 43. The Court also noted that the doctrine of exhaustion of administrative remedies applies, as the Secretary of Justice may review BOI decisions, but exceptions exist. On substantive grounds, the Court affirmed the deportation order, finding petitioner violated immigration laws by misrepresenting his citizenship and illegally using an alias. The petition was without merit.