G.R. No. L-16932 - Bayer vs. Board of Commissioners of the Bureau of Immigration

Jan Bayer, a Polish citizen, of legal age and single, is the petitioner and appellant.
The Board of Commissioners of the Bureau of Immigration is the respondent and appellee.
Bayer filed a petition for certiorari with a request for a preliminary injunction to set aside an order compelling his deportation.
A writ of preliminary injunction was initially issued, prohibiting his arrest and deportation pending the resolution of the petition.
After filing responsive pleadings, the parties presented a stipulation of facts upon which the lower court dismissed the petition.
The petitioner’s appeal was certified to the higher court on the ground that only questions of law were involved.

Jan Bayer arrived in Manila on March 17, 1949, as a transient under section 9(b) of the Philippine Immigration Act of 1940, as amended.
His permit to remain in the country expired on May 15, 1949.

Upon failing to leave within the allowed period, Bayer was issued a warrant of arrest by immigration authorities and deportation proceedings were instituted.
He requested an extension of his stay and was granted permission by the then Acting Commissioner of Immigration, first until February 9, 1950 and later extended to March 25, 1950.
On April 3, 1950, upon request, Bayer was allotted a Polish non-preference immigration quota number No. 1 at the Philippine Consulate in Hongkong to secure a visa.
Bayer failed to depart for Hongkong, leading to a second warrant of arrest issued on November 6, 1950.

Bayer requested another immigration quota number for 1951, which resulted in a decision by the Board of Commissioners on December 28, 1950, suspending deportation proceedings and allowing him to remain until he could secure the new allotment.
Unable to secure a visa at Hongkong on a subsequent attempt, he appealed for another quota number for 1952 with a request for a visa waiver from the Office of the President, which was denied on May 16, 1952.
On August 11, 1952, the Commissioner of Immigration granted Bayer a further extension of 20 days to remain until August 31, 1952.
His failure to depart by the extended deadline led to another warrant of arrest on November 24, 1952 and renewed deportation proceedings.

On December 9, 1952, after posting a cash bond of P3,000.00 and a surety bond of P5,000.00, Bayer was temporarily released pending his voluntary departure, which was set for no later than June 1, 1953.
On May 26, 1953, an application for prearranged employment was filed on his behalf by Andres Soriano and Co., but was denied by the Board of Commissioners on July 21, 1953.
On September 1, 1954, through counsel, Bayer petitioned the Secretary of Foreign Affairs seeking authorization to remain and pursue a lawful occupation, a request which was forwarded to the Commissioner of Immigration.
On October 12, 1954, the First Deputy Commissioner denied this petition on the ground that the Commissioner of Immigration lacked authority to permit an alien temporary visitor to remain for more than one year from the date of entry.

On November 3, 1954, Bayer directly wrote to the President of the Philippines requesting political asylum.
This petition was forwarded to the Secretary of Foreign Affairs and returned on November 17, 1954, with a recommendation for denial based on derogatory information held by the Military Intelligence Service.
On November 17, 1954, coinciding with the denial of his earlier appeals, Bayer instituted the present petition for certiorari.

Despite successive warrants of arrest and repeated violations of his temporary stay, the immigration authorities continually suspended or delayed deportation proceedings to allow Bayer further opportunities to regularize his status.
The petitioner’s continued non-compliance, coupled with his multiple appeals for extensions and even political asylum, illustrate the complexity and ongoing nature of his case before any final decision by the immigration authorities.
The petitioner’s filing of a petition for certiorari was premature as the underlying deportation proceeding had not yet been finalized by the Board of Commissioners.

Whether the petition for certiorari challenging the order compelling Bayer’s deportation is premature, given that the deportation proceedings were still pending before the Board of Commissioners of the Bureau of Immigration.
Whether Bayer had exhausted all available executive and administrative remedies before resorting to judicial intervention.

Whether the court should interfere in immigration proceedings that are pending administrative resolution.
Determining the extent to which the judiciary may review or halt administrative decisions concerning deportation when no final order has been rendered.

Whether the precedents, such as in Johnson vs. the Commissioner of Immigration and Borovsky vs. Commissioner of Immigration, sufficiently bar judicial review in the absence of a final adjudicatory order.
Whether continued detention without a final decision constitutes an undue infringement upon the petitioner’s rights warranting judicial intervention.