Case Digest (G.R. No. 167569)
Facts:
Carlos T. Go, Sr. v. Luis T. Ramos, G.R. Nos. 167569, 167570 and Alipio F. Fernandez, Jr. v. Jimmy T. Go, G.R. No. 171946, September 04, 2009, Supreme Court Second Division, Quisumbing, J., writing for the Court.The consolidated petitions arise from a deportation complaint filed by Luis T. Ramos with the Bureau of Immigration and Deportation (BID, now Bureau of Immigration) alleging that Jimmy T. Go (also known as Jaime T. Gaisano) was an illegal alien despite holding a Philippine passport. Ramos relied on a 1952 Iloilo birth certificate showing Jimmy’s citizenship as “FChinese” and alleged Jimmy had procured a Philippine passport by fraud. Jimmy countered that he is a natural-born Filipino through his father Carlos Go, Sr., who allegedly elected Philippine citizenship under Article IV, Sec. 1(4) of the 1935 Constitution and Commonwealth Act No. 625; Jimmy produced an affidavit and oath of allegiance and asserted long-standing Filipino status and voting history.
Associate Commissioner Linda L. Malenab-Hornilla dismissed the deportation complaint on February 14, 2001 after NBI findings that Carlos had elected Philippine citizenship. On March 8, 2001, however, the Board of Commissioners reversed and directed the preparation and filing of deportation charges. A Charge Sheet dated July 3, 2001 accused Jimmy of violations of Com. Act No. 613 (The Philippine Immigration Act of 1940), Section 37(a)(9) in relation to Section 45(c) and (e). On April 17, 2002 the Board ordered Jimmy apprehended and deported to China.
Carlos and Jimmy filed a petition for certiorari and prohibition with the Regional Trial Court (RTC) of Pasig City (SCA No. 2218) challenging the Board’s March 8, 2001 Resolution, the Charge Sheet and ensuing proceedings. The trial court dismissed their petition (Decision dated January 6, 2004; Order May 3, 2004), and that dismissal was affirmed by the Court of Appeals in a Decision dated October 25, 2004 (Resolution February 16, 2005). Carlos and Jimmy filed separate Rule 45 petitions for review on certiorari with the Supreme Court (G.R. Nos. 167569 and 167570) to annul those rulings.
After the Board’s April 17, 2002 deportation order, Jimmy was apprehended pursuant to Warrant of Deportation No. AFF-04-003 dated November 16, 2004 and detained at the BI detention center. Jimmy filed a petition for habeas corpus before the RTC of Pasig (SP. Proc. No. 11507); the RTC dismissed the petition (Orders dated December 6 and December 28, 2004). The Court of Appeals, however, in CA-G.R. No. 88277 (Decision December 8, 2005; Resolution March 13, 2006) granted Jimmy’s petition and enjoined his deportation pending final judicial determination of his citizenship. The Bureau of Immigration Commissioner, Alipio F. Fernandez, ...(Subscriber-Only)
Issues:
- Did the Bureau’s cause of action to deport Jimmy and Carlos prescribe?
- Was Carlos Go, Sr. an indispensable party whose non-joinder rendered the deportation proceedings void?
- Were the affidavits, birth certificates and other evidence presented by Carlos and Jimmy sufficiently substantial to oust the Board of its primary jurisdiction over deportation proceedings and require immediate judicial determination?
- Were due process requirements satisfied in the BID/Board deportation proceedings?
- Was Jimmy’s habeas corpus petition properly granted by the Court of Appeals and was certio...(Subscriber-Only)
Ruling:
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Ratio:
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Doctrine:
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