A.M. No. P-24-179 - Soloria vs. David

Petitioners-appellants: Qua Chee Gan, James Uy, Daniel Dy alias Dy Pac, Chan Tiong Yu, Chua Chu Tian, Chua Lim Pao alias Jose Chua, and Basilio King, all aliens.
Respondent-appellee: The Deportation Board, acting as the President’s authorized agent for investigations under Section 69 of the Revised Administrative Code (RAC).

On May 12, 1952, Special Prosecutor Emilio L. Galang filed Deportation Charges No. R-425 alleging that petitioners:

Purchased U.S. dollars totaling $130,000 without a Central Bank license and clandestinely remitted them to Hong Kong.
Petitioners Qua Chee Gan, Chua Lim Pao (Jose Chua), and Basilio King allegedly attempted to bribe Antonio Laforteza (Central Bank Intelligence Division Chief) and Capt. A. P. Charak (OSI, U.S. Air Force) to avoid prosecution.

Following the filing, the presiding member of the Deportation Board issued a warrant of arrest. Petitioners were provisionally released upon a P10,000 surety bond and a P10,000 cash bond each.

On January 22, 1952, Qua Chee Gan was charged with attempted bribery in CFI Rizal (Crim. Case No. 3346) for offering P25,000 to Laforteza and Capt. Charak.
The case was dismissed on March 20, 1952, because the amount was tendered to Capt. Charak, who was not a Philippine government officer; however, the trial court found that money was offered to a U.S. officer to dissuade assistance to the Central Bank.

On September 22, 1952, petitioners moved to dismiss before the Board, arguing the charges were not legal grounds for deportation and the Board had no jurisdiction. The motion was denied on February 9, 1953.
Petitioners then filed a petition for habeas corpus and/or prohibition in the Supreme Court (G.R. No. L-6783), which was given due course and made returnable to the CFI Manila, docketed as Sp. Proc. No. 20037.

The CFI issued a writ of preliminary injunction, upon petitioners’ P5,000 bond each, restraining the Board from hearing the deportation case pending final resolution of the habeas/prohibition case.
On July 29, 1953, the Board answered, asserting:

It had jurisdiction as the President’s agent to investigate and to order arrest in deportation proceedings.
Despite the dismissal of the criminal bribery charge, there was a judicial finding that Qua Chee Gan offered money to a U.S. officer to impede investigation.

On January 18, 1956, the CFI upheld the validity of the President’s delegation to the Deportation Board to investigate under Sec. 69, RAC, and sustained the Board’s power to issue arrest warrants and fix bonds pending investigation, viewing these as ancillary to the deportation power.
The petition was dismissed. Petitioners appealed to the Supreme Court.

Immigration Act (Commonwealth Act No. 613): Sec. 37 authorizes the Commissioner of Immigration to deport upon Board of Commissioners’ determination; Sec. 52 preserved Sec. 69 of the RAC.
Section 69, RAC: Requires prior investigation by the President or his authorized agent and observance of due process safeguards before deportation of aliens.
Executive issuances concerning the Deportation Board:

EO No. 494 (1934, Gov. Gen. Murphy) created a board to receive complaints against aliens and recommend action.
EO No. 33 (May 29, 1936, Pres. Quezon) created the Deportation Board to investigate under Sec. 69, RAC; later amended by EO Nos. 257 (Mar. 12, 1940), 7 (Jul. 18, 1946), and 37 (Jan. 4, 1947).
EO No. 69 (July 29, 1947, Pres. Roxas) required respondents to file a bond with the Commissioner of Immigration to secure appearance; it did not authorize arrest during investigation.
EO No. 398 (Jan. 5, 1951, Pres. Quirino) reorganized the Board and authorized it to issue arrest warrants and detain aliens during investigation unless they posted bond under conditions set by the Chairman.

Constitutional provision: 1935 Constitution, Art. III, Sec. 1(3) guarantees persons (citizens and aliens) against unreasonable searches and seizures; warrants issue only upon probable cause determined by a judge after examination under oath.

Whether the President possesses authority to deport aliens independent of the Immigration Act and, if so, whether he may delegate the investigative function to the Deportation Board under Section 69 of the Revised Administrative Code.

Corollary: Whether Section 52 of C.A. No. 613 preserved Section 69, RAC, and whether jurisprudence recognizes presidential deportation power.

Whether the acts charged (blackmarketing/hoarding of U.S. dollars and clandestine remittance; alleged bribery attempts) constitute legal grounds for deportation under prevailing statutes.

Specifically, whether such acts amount to “economic sabotage” within Republic Act No. 503 amending Section 37 of the Immigration Act.

Whether, pending investigation and before a final deportation order, the President or the Deportation Board may order the arrest and detention of aliens and require bonds to ensure appearance.

Whether the Constitution permits administrative arrest warrants for investigative purposes absent judicial determination of probable cause.
Even assuming the President may personally order arrest pending investigation, whether that power may be delegated to the Deportation Board under EO No. 398.