Title
Alfonso vs. Vivo
Case
G.R. No. L-20801
Decision Date
Mar 31, 1966
Chinese-born petitioners admitted as Philippine citizens by immigration board later faced arrest for alleged fraudulent entry; Supreme Court upheld deportation authority, rejecting res judicata and mandamus as improper remedy.
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Case Digest (G.R. No. L-20801)

Facts:

  1. Background of Petitioners:

    • Petitioners Pepito Lao Alfonso and Juanito Lao Alfonso were born in China.
    • They applied for admission into the Philippines as sons of Sofronio Lao Alfonso, a Filipino citizen by election.
  2. Initial Decision by Immigration Authorities:

    • In March 1961, the Board of Special Inquiry No. 1 of the Bureau of Immigration declared the petitioners as children of Sofronio Lao Alfonso and admitted them as Philippine citizens under the Constitution.
    • The Board of Commissioners reviewed the decision on April 28, 1961, with a split vote: one commissioner voted for exclusion, while the other two voted for admission.
  3. Issuance of Arrest Warrant:

    • On July 14, 1962, the Acting Commissioner of Immigration issued a "Warrant of Arrest" against the petitioners, alleging that they were Chinese citizens who entered the Philippines fraudulently using illegally obtained certificates of registration and identity.
    • The warrant cited Sections 37(a)(1) and 37(a)(2) of the Philippine Immigration Act of 1940, as amended.
  4. Petition for Mandamus with Preliminary Injunction:

    • On August 6, 1962, the petitioners filed a petition for mandamus with preliminary injunction, seeking to prevent their arrest and deportation.
    • They argued that the Acting Commissioner acted without jurisdiction and that the decision of the Board of Commissioners affirming their citizenship should stand.
  5. Lower Court Decision:

    • The lower court initially enjoined the enforcement of the arrest warrant but later modified its decision to make the injunction permanent, barring deportation without proper proceedings under the Immigration Act.

Issue:

  1. Whether the Acting Commissioner of Immigration had the authority to issue a warrant of arrest against the petitioners after the Board of Commissioners had already admitted them as Philippine citizens.
  2. Whether the decision of the Board of Commissioners affirming the petitioners' citizenship constitutes res judicata, barring further review or deportation proceedings.
  3. Whether the petitioners' action for mandamus with preliminary injunction was the proper remedy to challenge the arrest and deportation order.

Ruling:

  • (Subscriber-Only)

Ratio:

  • (Subscriber-Only)


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