G.R. No. L-10009, December 22, 1958
Tiu Chun Hai and Go Tam, petitioners-appellees, vs. The Commissioner of Immigration and The Director, National Bureau of Investigation, respondents-appellants.

FACTS

Petitioners Tiu Chun Hai and Go Tam are citizens of the Republic of China who entered the Philippines as temporary visitors. Go Tam was admitted in 1947, and Tiu Chun Hai on December 23, 1949. They posted bonds and secured periodic extensions of their stay. On August 31, 1955, the Commissioner of Immigration issued warrants for their arrest. The warrant for Tiu Chun Hai stated his transient permit had expired, while the warrant for Go Tam indicated a deportation order had been issued against him on October 12, 1950, and he had violated the conditions of his release bond by changing his address and engaging in employment without written consent. The warrants ordered them brought before the Commissioner to show cause why they should not be deported under the Philippine Immigration Act of 1940. Petitioners filed a habeas corpus petition, arguing their detention was illegal. Tiu Chun Hai claimed no deportation proceedings had been instituted against him, while Go Tam argued his temporary permit had not expired and there was no justification for denying an extension. The Court of First Instance of Manila granted the writ, ordering their release, finding that they had paid fees for their stay until 1955, were not from an enemy country, faced no criminal charges, and should not be confined indefinitely. The government appealed.

ISSUE

Whether the detention of the petitioners under warrants issued by the Commissioner of Immigration, pending deportation proceedings, is lawful.

RULING

The Supreme Court reversed the decision of the lower court and denied the petition for habeas corpus. The Court held that deportation proceedings are administrative and summary in nature, not criminal, and thus do not require judicial warrants or follow criminal procedure. Under Commonwealth Act No. 613 , Section 38(a)(7), the Commissioner of Immigration has the authority to arrest and detain aliens who overstay their permits. The Court distinguished this case from Mejoff vs. Director of Prisons and Chirskoff vs. Commission on Immigration, where detention was deemed unreasonable after prolonged periods (three years and over four years, respectively). Here, petitioners were arrested on August 31, 1955, and filed their habeas corpus petition on October 17, 1955—a detention of about one and a half months, which was not unreasonable. The Court emphasized that the government’s right to deport overstaying aliens is absolute and unqualified, and delay in deportation proceedings does not negate this right. The petitioners’ detention was lawful pending deportation proceedings.