G.R. No. L-11511; November 28, 1958
Tan Sin, petitioner, vs. The Deportation Board, respondent.

FACTS

The petitioner, Tan Sin, is a Chinese citizen and a permanent resident of the Philippines. In 1953, he was charged with and convicted of estafa by the Court of First Instance of Manila, which sentenced him to 4 months and 1 day of arresto mayor. The court did not recommend his deportation after service of his sentence. Before his release from the national penitentiary on December 7, 1955, a special prosecutor filed charges against him with the Deportation Board on November 29, 1955. The charges alleged his final conviction for estafa and service of sentence and prayed for a recommendation to the President for his deportation as an undesirable alien. The Deportation Board ordered his detention upon release pending deportation proceedings. The petitioner filed a petition for bail, which was granted after he posted bonds, leading to his release on December 7, 1955. He later filed a motion to dismiss with the Board, which was denied. Consequently, he filed a petition for a writ of habeas corpus and/or prohibition, certiorari, and mandamus in the Court of First Instance of Manila, which denied his petition. He appealed this judgment.

ISSUE

The primary issue is whether the Deportation Board acted within its legal authority in instituting deportation proceedings against the petitioner, an alien convicted of estafa, and ordering his temporary detention, despite the specific grounds for deportation under Commonwealth Act No. 613, as amended, not being applicable to his case.

RULING

The Supreme Court affirmed the judgment of the lower court, denying the petitioner’s petition. The Court ruled that:
1. The power to deport aliens is an act of state vested in the President of the Republic by virtue of his office, subject only to the regulations in Section 69 of the Revised Administrative Code or future legislation. This power grants the Chief Executive full discretion to determine if an alien’s residence is undesirable to the state’s security, welfare, or interest.
2. Section 37 of Commonwealth Act No. 613, as amended, merely enumerates specific grounds for which the Commissioner of Immigration may arrest and deport an alien. The fact that the petitioner’s conviction for estafa (a single conviction with a light sentence long after entry) does not fall under the grounds listed in that law does not mean the President’s broader power to deport undesirable aliens has been withdrawn or abrogated. Section 52 of Commonwealth Act No. 613 expressly provides that Section 69 of the Revised Administrative Code remains in force.
3. The Deportation Board was legally constituted by the President through Executive Order No. 398, which authorizes it to investigate, determine if an alien is undesirable, and recommend deportation to the President, following the procedure in Section 69 of the Revised Administrative Code.
4. The order for the petitioner’s temporary detention pending deportation proceedings is legal, as confinement for a reasonable time is a necessary step in the process of exclusion or expulsion of an undesirable alien.
Therefore, the Deportation Board acted within its authority, and the petitioner’s detention for the purpose of determining his undesirability was lawful.