GR 28604; (October, 1970) (Digest)
G.R. No. L-28604 October 30, 1970
JESUS CONTEMPRATE alias CO CHII KIAT, petitioner-appellant, vs. THE ACTING COMMISSIONER OF IMMIGRATION, THE BOARD OF COMMISSIONERS OF THE BUREAU OF IMMIGRATION, THE MEMBERS OF THE BOARD OF SPECIAL INQUIRY NO. 1, AND THE WARDEN OF THE DETENTION STATION, BUREAU OF IMMIGRATION AT ENGINEER ISLAND, MANILA, respondents-appellees.
FACTS
Petitioner Jesus Contemprate alias Co Chii Kiat arrived in Manila from China in 1921 and was issued a Landing Certificate of Residence and later an Alien Registration Certificate. In 1960, he requested the cancellation of his alien documents, claiming to be a Philippine citizen, the legitimate child of Filipino parents Juan Contemprate and Prisca Corres. The Citizenship Evaluation Board investigated and, in 1960, ordered his recognition as a Filipino citizen. In 1961, four individuals claiming to be his children arrived and were admitted as Filipino citizens based on his sworn affirmation. Immigration officers, noting discrepancies, recommended reinvestigation. An ex-parte report in 1962 concluded petitioner was a fraud, assuming the identity of the real Jesus Contemprate who was living in Mountain Province. Based on this, the Board of Commissioners revoked the 1960 order, cancelled his identification certificate, ordered his registration as an alien, and issued a warrant for his arrest on deportation charges for misrepresentation. The Court of First Instance dismissed his certiorari petition, finding him a fraud and impostor.
ISSUE
Whether the warrant for the arrest of the petitioner, issued by the Commissioner of Immigration without a prior hearing or a final deportation order, is valid.
RULING
No. The warrant of arrest issued by the Commissioner of Immigration is null and void. The Court modified the lower court’s decision, reversing the denial of the writ of certiorari against the arrest warrant. The ruling is based on the principle that while immigration authorities have the power to deport, they cannot arrest and detain a respondent for deportation purposes without a prior hearing or a final deportation order, as this violates the constitutional guarantee of liberty under the Bill of Rights. The arrest warrant was issued based on an ex-parte report and before any hearing or final order on the deportation charges. The proper recourse for the immigration authorities to ensure attendance at hearings is to require a reasonable bond. The Court affirmed the lower court’s judgment in all other respects, including the finding that the petitioner was a fraud and impostor, which was supported by evidence such as sworn statements from the real Jesus Contemprate and his brother, and discrepancies in the petitioner’s narrative and admission of perjury regarding the four alleged children.