G.R. No. L-43389 - Uy vs. Workmen's Compensation Commission

Zafiro L. Respicio, while serving as Commissioner of the Bureau of Immigration and Deportation (BID), oversaw an incident involving the deportation of 11 Indian nationals who were facing criminal charges for drug trafficking.
The deportation process was initiated based on BID Self-Deportation Order No. 94-685, dated August 11, 1994, which allowed the Indians to leave the country provided they met certain conditions (e.g., presenting outbound tickets, payment of an overtime fee, and escort to the airport).

The Order was prepared and signed by Respicio along with Associate Commissioners Bayani Subido, Jr. and Manuel C. Roxas.
Despite the fact that the Indians were under preliminary investigation for violations of the Dangerous Drugs Act (Republic Act No. 6425), the Order stated that “there is no indication from the records that the respondents are the subject of any written complaints before any government agency.”
Communications and indorsements from various government officials (including NBI Deputy Director Arturo Figueras and DOJ Undersecretary Ramon Esguerra) had alerted the Bureau about the pending investigation; however, Respicio’s office relied on the report of his subordinates, Caronongan and Sta. Ana, which indicated an absence of a criminal record.

Following the issuance of the Order, the Office of the Special Prosecutor filed two separate criminal cases against the involved officials:

One charging falsification of official documents under Article 171 of the Revised Penal Code (Criminal Case No. 21545).
Another charging violation of Section 3(e) of Republic Act No. 3019 (Criminal Case No. 21546).

Subido and Roxas testified that they signed the Order based on the representations that no pending criminal case existed.
Respicio admitted that he was aware of a preliminary investigation but maintained that his approval was in line with BID guidelines that purportedly addressed only the situation of having a case filed in court.

Documentary evidence, including letters from Figueras and various indorsements (the 3rd Indorsement of Undersecretary Esguerra and Respicio’s 4th Indorsement), indicated that Respicio was indeed informed of the ongoing investigation.
The issuance of the Order resulted in the premature deportation of the Indians and subsequently barred the government from prosecuting the criminal cases properly filed against them.

Communication from interested parties, such as NBI’s inquiry and the request by Atty. Ernesto Zshornack Jr. (counsel for the Indians), prompted the initiation of the Self-Deportation Order despite the existence of preliminary investigations.
Respicio’s reliance on verbal assurances and internal reports, without seeking written confirmation regarding the status of the indictment or investigation, became a focal point of controversy.
Ultimately, these actions led to the filing of charges both for issuing a misleading self-deportation Order (falsification of official document) and for causing undue injury to the government (violation of Section 3(e) of RA 3019).

Whether Respicio, in his capacity as a public officer, acted with manifest partiality or evident bad faith by issuing the Self-Deportation Order despite indications that the 11 Indian nationals were subject to a pending preliminary investigation.
Whether the statement in the Order—asserting that there was no indication of any written complaint against the Indians—was materially false and thus constituted falsification under Article 171 of the Revised Penal Code.
Whether Respicio’s reliance on the representations of his subordinates and the existing BID guidelines sufficiently insulated him from liability given that he was in fact aware of the pending investigation.
Whether the issuance of the Order, which resulted in the deportation of the Indians, thereby depriving the government the opportunity to prosecute serious criminal offenses, amounts to an abuse of official discretion and a violation of the rules on corrupt practices as set forth in Section 3(e) of RA 3019.