G.R. No. L-33062, September 10, 1930
FRANCISCA CARMONA, petitioner-appellant, vs. VICENTE ALDANESE, Insular Collector of Customs, respondent-appellee.

FACTS

Petitioner Francisca Carmona filed a petition for a writ of habeas corpus against the Insular Collector of Customs, alleging she is a native-born Filipina from Baggao, Cagayan, and not an alien. She was detained for deportation pursuant to an order of the Governor-General dated January 15, 1930, which found her to be an undesirable alien subject to deportation under Section 69 of the Administrative Code after an investigation. The investigation concluded she was a Chinese subject and an habitual criminal, having been sentenced several times to Bilibid Prisons. The Court of First Instance of Manila denied the writ, prompting this appeal.

ISSUE

Whether the courts can review and set aside the deportation order issued by the Governor-General after an investigation conducted under Section 69 of the Administrative Code.

RULING

No. The Supreme Court affirmed the denial of the writ of habeas corpus. The power to deport aliens is exclusively vested in the Governor-General as an executive function under Section 69 of the Administrative Code, provided an investigation is duly conducted where the subject is informed of the charges and given the opportunity to defend themselves. The Court held that it cannot interfere with the Governor-General’s executive acts, including deportation orders, as long as the investigation complied with statutory requirements. Since the return to the writ indicated that the order was issued after a proper investigation, and the petitioner did not challenge the validity of that investigation, the courts must presume the order’s validity. The petitioner’s claim of Philippine citizenship should have been raised and proven during the investigation before the Governor-General, not collaterally attacked in court. The judgment of the lower court was affirmed.