Case Digest (G.R. No. 154745)
Facts:
In Commissioner Andrea D. Domingo, Bureau of Immigration v. Herbert Markus Emil Scheer (G.R. No. 154745, January 29, 2004), petitioner Commissioner Andrea D. Domingo sought review of the Court of Appeals’ grant of certiorari and prohibition that annulled an order of arrest and enjoined respondent Herbert Markus Emil Scheer’s deportation. Scheer, a German national and long‐time permanent resident since July 18, 1986, married a Filipino in Puerto Princesa, Palawan, where he operated the Bavaria Restaurant and was even appointed an NBI Confidential Agent in 1991. In mid‐1995, German authorities informed the Philippine government by Note Verbale (July 26, 1995) that Scheer was wanted in Germany on an insurance‐fraud arrest warrant and that his passport had been invalidated. Relying on that communication and unfounded allegations of illegal activities in Palawan, the Bureau of Immigration’s Board of Commissioners (BOC) issued a Summary Deportation Order on September 27, 1995, cancellCase Digest (G.R. No. 154745)
Facts:
- Background of Respondent
- Herbert Markus Emil Scheer, German national, granted permanent resident status in the Philippines on July 18, 1986.
- Issued Alien Certificate of Registration No. B-396907 (Sept. 16, 1987) and Immigration Certificate of Residence No. 256789 (Feb. 24, 1988).
- Personal and Professional Life
- Married Edith delos Reyes (Filipina); they had two daughters and a son (deceased 1995).
- Established and managed Bavaria Restaurant in Puerto Princesa City, Palawan; appointed NBI Confidential Agent in 1991.
- German Embassy Communications
- June 29, 1995: Vice Consul’s letter advising German police records and financial liabilities.
- July 26, 1995: Note Verbale informing Philippine DFA that Scheer was wanted in Germany, German passport canceled July 2, 1995.
- Summary Deportation Order and Motion for Reconsideration
- BOC issued Summary Deportation Order (Sept. 27, 1995) canceling his visa, ordering deportation, exclusion, blacklisting; no prior hearing granted.
- Scheer filed Urgent Motion for Reconsideration (Dec. 5, 1995); BOC did not resolve it for over six years.
- Passport Renewal and Continued Stay
- Feb. 15, 1996: German District Court dismissed criminal case; German Embassy issued temporary (Mar. 1, 1996) then regular passport (Mar. 12, 1996).
- Scheer applied for Alien Employment Registration Certificate (Mar. 20, 1997); DFA and petitioner inquired German Embassy, which replied (Apr. 12, 2002) he was not wanted.
- Arrest and Judicial Proceedings
- June 6, 2002: Immigration agents and marines, on orders of Commissioner Domingo, arrested and detained Scheer pending deportation.
- June 11, 2002: Scheer filed with CA petition for certiorari, prohibition, and mandamus plus TRO and preliminary injunction.
- June 26, 2002: CA issued status quo order (bond ₱100,000).
- July 18, 2002: BOC issued Omnibus Resolution (dated June 14, 2002) denying the motion for reconsideration and ordering deportation.
- Aug. 20, 2002: CA Decision annulled all deportation orders, permanently enjoined deportation, and ordered Scheer’s release.
Issues:
- Procedural Issues
- Whether the Board of Commissioners (BOC) was an indispensable party in the CA proceedings and SC appeal.
- Whether the CA had jurisdiction to entertain certiorari, prohibition, and mandamus against the Immigration Commissioner.
- Substantive Issues
- Whether the BOC and Immigration Commissioner committed grave abuse of discretion / acted without or in excess of jurisdiction in issuing and implementing the Summary Deportation Order and Omnibus Resolution.
- Whether the issuance of a new German passport and dismissal of criminal charges rendered the deportation order moot and academic.
Ruling:
- (Subscriber-Only)
Ratio:
- (Subscriber-Only)
Doctrine:
- (Subscriber-Only)