Case Digest (G.R. No. 210759) Core Legal Reasoning Model
Core Legal Reasoning Model
Facts:
In Chairperson Siegfred B. Mison v. Hon. Paulino Q. Gallegos, et al. (761 Phil. 658, June 23, 2015), the petitioner, Siegfred B. Mison, in his capacity as Chairperson of the Bureau of Immigration (BI), sought relief from orders issued by Judge Paulino Q. Gallegos of the Regional Trial Court (RTC)–Manila, Branch 47, in SP. PROC. No. 14-131282. On December 23, 2013, INTERPOL Seoul requested the arrest and deportation of Korean national Ja Hoon Ku for misappropriation of company funds. Following the expiration of Ku’s visa on January 1, 2014, a BI special prosecutor charged him as an undesirable alien under Section 69, Act No. 2711. The BI Board approved a Summary Deportation Order on January 16, 2014, leading to Ku’s arrest and detention the same day. On January 17, 2014, Ku filed a petition for a writ of amparo in the RTC, asserting threats to his life, liberty, and security. The RTC issued the writ on January 22, 2014, then granted interim reliefs, including Temporary Protection Case Digest (G.R. No. 210759) Expanded Legal Reasoning Model
Expanded Legal Reasoning Model
Facts:
- Background
- Petitioner: Siegfred B. Mison, Chairperson of the Bureau of Immigration and Deportation (BI).
- Respondents: Hon. Paulino Q. Gallegos, Presiding Judge, RTC-Manila, Branch 47; and Ja Hoon Ku, alien subject of deportation.
- Chronology of Events
- December 23, 2013: Interpol Seoul requests assistance to locate and deport Ku for misusing company funds.
- January 1–16, 2014: Ku’s visa expires; charged as risk to public interest; BI Board issues Summary Deportation Order; BI arrests and detains Ku.
- January 17, 2014: Ku files Petition for Writ of Amparo; supplemental petition follows on January 22; RTC issues Writ.
- January 24–29, 2014: Ku moves for Temporary Protection Order (TPO); RTC grants TPO and directs custody transfer to Red Cross/PNP-PSPG.
- February 4, 2014: Supreme Court issues TRO in G.R. No. 210759 enjoining enforcement of RTC orders and directs BI to retain custody.
- February 11–18, 2014: BI moves to dismiss amparo petition; RTC denies motion; SC issues TRO in G.R. No. 211403 enjoining further proceedings.
- March 14, 2014: RTC Resolution grants privilege of Writ of Amparo, orders Ku’s release and cease-and-desist against BI.
- March–August 2014: Office of the President (OP) grants provisional liberty to Ku with conditions; SC issues TRO in G.R. No. 211590.
- Consolidated Petitions Before the Supreme Court
- G.R. No. 210759: Certiorari assailing January 28 & 29, 2014 RTC orders.
- G.R. No. 211403: Certiorari & Prohibition assailing February 18, 2014 RTC order.
- G.R. No. 211590: Review of March 14, 2014 RTC Resolution granting Writ of Amparo.
Issues:
- Scope and Applicability of Writ of Amparo
- Whether the Writ of Amparo applies to Ku’s detention absent extralegal killing or enforced disappearance.
- Whether Ku established a threat or violation of his rights to life, liberty, or security by substantial evidence.
- Jurisdiction and Procedural Concerns
- Whether the RTC had jurisdiction to grant amparo relief in a deportation context.
- Whether Ku engaged in forum shopping by filing amparo petitions while administrative remedies before BI/OP were pending.
- Whether Judge Gallegos disregarded Supreme Court directives (TROs) and thus committed grave abuse of discretion.
Ruling:
- (Subscriber-Only)
Ratio:
- (Subscriber-Only)
Doctrine:
- (Subscriber-Only)