G.R. No. L-22031 September 28, 1966
Chan Shu Lou alias Tan Wee Chang, petitioner and appellee, vs. Martiniano P. Vivo, in his capacity as Acting Commissioner of Immigration and as Chairman of the Board of Commissioners, et al., respondents and appellants.

FACTS

Chan Shu Lou, a Chinese national, was admitted to the Philippines as a permanent resident in 1932. He left for Hongkong in 1953 with a re-entry permit valid until December 29, 1953, but did not return within that period. In 1961, he applied for re-entry as a returning resident, citing illness and financial destitution as reasons for his overstay. His application was granted, and he arrived on October 29, 1961. The Board of Special Inquiry investigated his case and admitted him as a properly documented returning resident on September 20, 1961. The Board of Commissioners noted and approved this decision. On October 6, 1962, Chan received a letter from Acting Associate Commissioner Gaston requesting a meeting regarding his “pending case.” After complying, Chan received another letter dated September 4, 1962, transmitting a decision of the Board of Commissioners dated September 4, 1962, which reversed the Board of Special Inquiry’s decision, considering his employment in Hongkong from 1953 to 1961 as abandonment of his Philippine residence. This decision was received in the Bureau of Immigration’s records section on November 14, 1962 and mailed to Chan on November 16, 1962. On September 4, 1962, Acting Commissioner Vivo issued an order for Chan’s exclusion and deportation. Chan filed a petition for certiorari with injunction in the Court of First Instance of Manila, which declared the Board of Commissioners’ decision null and void for being issued beyond the one-year period under Section 27(b) of the Philippine Immigration Act of 1940. The respondents appealed.

ISSUE

Whether the decision of the Board of Commissioners dated September 4, 1962 is valid.

RULING

No. The Supreme Court affirmed the lower court’s decision, declaring the Board of Commissioners’ decision null and void. The Court found that the decision was not actually rendered on September 4, 1962, but was antedated to comply with the one-year limitation period under Section 27(b) of Commonwealth Act 613, as amended. This provision states that the decision of the Board of Special Inquiry is final unless reversed by the Board of Commissioners within one year from its promulgation. The Court held that this one-year period is mandatory, not merely directory. A contrary interpretation would render the provision meaningless, work injustice to aliens, and undermine the stability of administrative decisions. The Court distinguished the case from Ong Se Lun v. Board of Immigration Commissioners, as the authority of the Board of Special Inquiry was not questioned here. Thus, the decision of the Board of Commissioners issued beyond the one-year period was invalid.