G.R. No. 37107 ; March 4, 1933
YU PIAN, petitioner-appellee, vs. THE INSULAR COLLECTOR OF CUSTOMS, respondent-appellant.

FACTS

Petitioner Yu Pian, a Chinese national, was granted a landing certificate of residence by the Collector of Customs in Manila in 1924. In 1932, he was arrested and detained for deportation based on a decision by a board of special inquiry in Cebu, which found that he entered the Philippines through fraud and false representations in violation of immigration laws. His certificate was cancelled. Yu Pian filed a petition for a writ of habeas corpus before the Court of First Instance of Manila, alleging illegal detention and abuse of authority. The court granted the writ and ordered his release, reasoning that the certificate raised a presumption of his right to remain. The Insular Collector of Customs appealed.

ISSUE

Whether the Court of First Instance erred in granting the writ of habeas corpus and ordering Yu Pian’s release despite the cancellation of his landing certificate and the deportation order against him.

RULING

Yes, the Court of First Instance erred. The Supreme Court reversed the decision. The burden of proof was on Yu Pian to demonstrate that the cancellation of his landing certificate and the deportation order constituted an abuse of discretion or were arbitrary or illegal. He failed to present any evidence from the record of the administrative proceedings to substantiate such a claim. The mere possession of a cancelled certificate did not overcome the lawful deportation order issued by the competent immigration authorities, who acted within their jurisdiction under the immigration laws. The petition for habeas corpus should have been dismissed. Costs were imposed on the appellee.

AI Generated by Armztrong.