G.R. Nos. L-26611-12 September 30, 1969
DOLORES NERIA, etc., et al., petitioners-appellees, vs. MARTINIANO P. VIVO, as Commissioner of Immigration, etc., et al., respondents-appellants.

FACTS

Petitioners Dolores, Felix, and Manuel Neria arrived in Manila on July 9, 1961, followed by Simeon and Ramon Neria on July 16, 1961. The Board of Special Inquiry No. 1, after investigation, found Dolores Neria to be a Filipino citizen and Felix, Manuel, Simeon, and Ramon to be her illegitimate minor children, and voted to admit them. The decision admitting Dolores, Felix, and Manuel was forwarded for review to the Board of Immigration Commissioners pursuant to Section 27(b) of the Philippine Immigration Act of 1940. The record is unclear if the decision for Simeon and Ramon was similarly reviewed, but their identification certificates recited affirmation by the Board of Commissioners. On January 24, 1962, the Secretary of Justice issued a memorandum setting aside all decisions purportedly rendered by the Board of Commissioners, as it appeared the Board had not met collectively, and directed a new review. In August 1962, a new Board of Immigration Commissioners reviewed the case of Dolores, Felix, and Manuel motu proprio and ordered them excluded as aliens not properly documented. No review was conducted for Simeon and Ramon due to missing records. On July 23, 1965, the Commissioner of Immigration issued a warrant for the arrest and deportation of all petitioners, alleging they were Chinese aliens who gained entry through fraudulent documentation and false statements. Petitioners filed cases for certiorari and prohibition in the Court of First Instance of Manila, arguing the new Board acted without jurisdiction as the decision of the Board of Special Inquiry had become final after one year, and the arrest warrant was illegal. The lower court ruled in favor of petitioners, setting aside the decision of the new Board and the warrant of arrest. Respondents appealed to the Supreme Court.

ISSUE

Whether the warrant of arrest for deportation issued against the petitioners is valid.

RULING

The Supreme Court affirmed the decision of the lower court. The warrant of arrest was declared null and void. The Court held that the warrant was issued without a prior determination by the Board of Commissioners that the petitioners were aliens who had entered the country illegally. The deportation warrant cannot be based solely on the Commissioner’s belief or information; there must be a prior finding by the Board of Commissioners that the individual is an alien subject to deportation. The constitutional guarantee of liberty requires that deportation proceedings follow due process, and an arrest warrant cannot be issued merely on the strength of the Commissioner’s suspicions. The Court emphasized that the constitutional guarantees of individual liberty must be liberally construed.