Case Digest (G.R. No. 116025)
Facts:
Ang Beng, et al. v. The Commissioner of Immigration, G.R. No. L-9621. January 30, 1957, the Supreme Court En Banc, Paras, C.J., writing for the Court.The petitioners, Chinese nationals, were prosecuted and convicted by the Court of First Instance of Manila in Criminal Case No. 21317 for violation of the Import Control Law (Republic Act No. 650). They were also the subject of proceedings before the Deportation Board arising out of the same factual circumstances.
While their criminal conviction was on appeal to the Court of Appeals, the Import Control Law expired by its own force. With the Solicitor General’s conformity, the petitioners’ motion for dismissal of the criminal case was granted and they were ordered discharged. Independently, the Deportation Board completed its investigation, submitted findings to the President and recommended deportation.
On January 18, 1954, the President issued an order deporting the petitioners. On March 1, 1955, the petitioners filed in the Court of First Instance of Manila a petition for prohibition and certiorari seeking to have the Presidential deportation order declared illegal and to secure their release. The trial court dismissed that petition. The petitioners appealed to the Supreme Court contesting the validity of the deportation order, ...(Pro-only)
Issues:
- Does the expiration of the penal statute (the Import Control Law) that led to the petitioners' criminal conviction operate as a favorable change in law that nullifies or erases the basis for deportation?
- Can the President, acting on the Deportation Board's recommendation, lawfully order the deportation of aliens independently of a prior judicial convictio...(Pro-only)
Ruling:
- (Pro-only)
Ratio:
- (Pro-only)
Doctrine:
- (Pro-only)