G.R. No. 39480 ; October 10, 1933
TOMAS ONG LIENGCO, in behalf of Ong Let, petitioner-appellee, vs. THE INSULAR COLLECTOR OF CUSTOMS, respondent-appellant.

FACTS

Ong Let was initially admitted into the Philippines as the son of a citizen, Tomas Ong Liengco. Subsequently, he was charged with having secured admission through fraud. After an investigation where Ong Let refused to testify, the customs authorities ordered his deportation. Tomas Ong Liengco filed a petition in the Court of First Instance of Manila to review the deportation order. The trial court, based solely on the record of the prior customs proceedings, granted the petition and set aside the deportation order.

ISSUE

Whether the Insular Collector of Customs had the power to review his own prior order admitting Ong Let and whether the subsequent order of deportation was lawful.

RULING

Yes. The Supreme Court reversed the trial court’s judgment. An order admitting an immigrant is not a conclusive adjudication and does not prevent subsequent deportation proceedings if fraud is discovered. The right of judicial review in deportation cases is limited to instances of denial of a fair hearing or abuse of authority. The burden of proof is on the alien to show such abuse. Here, Ong Let failed to meet this burden. He was given ample opportunity to prove his status but refused to testify. Furthermore, the personal record of his alleged father indicated he was not the son. Therefore, the deportation order was lawful.

AI Generated by Armztrong.