G.R. No. 166199 - Secretary of Justice vs. Koruga

In August 2001, an anonymous letter was received by then BI Commissioner Andrea Domingo, calling for the deportation of Christopher Koruga, alleging his involvement in a drug-related offense in the USA.
The allegations centered on a conviction for violation of the Uniform Controlled Substances Act in Washington state for attempted possession of cocaine in 1983, labeling Koruga as an “undesirable alien.”

On the basis of a Summary of Information, Mission Order No. ADD-01-162 was issued on September 13, 2001, directing BI officers to verify Koruga’s status and arrest him if evidence of violation of the Philippine Immigration Act of 1940 was found.
Officers, led by Police Superintendent Lino G. Caligasan and members of the BI Special Operations Team, executed the order leading to Koruga’s arrest on September 17, 2001 at his residence in Malate, Manila.

Following his arrest, Koruga was charged before the Board of Special Inquiry (BSI) for violation of Section 37(a)(4) of the Philippine Immigration Act of 1940, docketed as BSI-D.C. No. ADD-01-126.
The Charge Sheet specified that his involvement in a drug-related offense rendered him an undesirable alien, supporting the deportation proceedings.

After filing petitions for bail, Koruga was granted bail on September 28, 2001, leading to his provisional release from BI custody.
The Board of Commissioners (BOC) of the Bureau of Immigration rendered a Judgment on February 11, 2002, ordering his deportation based on his conviction and/or plea related to the drug offense.
Koruga filed a Motion for Reconsideration on February 26, 2002, which the BOC denied on March 19, 2002.

Unaware of the BOC’s resolution, Koruga filed a Manifestation and Notice of Appeal Ex Abundanti Cautelam with the Office of the President on April 2, 2002, which was subsequently referred to the Department of Justice (DOJ).
On April 1, 2003, the DOJ Secretary issued a Resolution dismissing the appeal.
Subsequent motions for reconsideration were filed and withdrawn by Koruga in April 2003.
On April 24, 2003, Koruga filed a Petition for Certiorari and Prohibition before the Court of Appeals (CA) to challenge the DOJ Resolution and the earlier BOC Judgment.
On September 14, 2004, the CA rendered its Decision setting aside the DOJ Resolution and the BOC Judgment, thereby dismissing the deportation case.

Petitioners (the Secretary of Justice, the Executive Secretary, and the Board of Commissioners of the BI) later filed a Motion for Reconsideration with the CA, which was denied on November 24, 2004.
The petitioners argued that the deportation proceedings strictly fall under the exclusive prerogative of the executive branch, contending that the evidence—particularly Koruga’s admitted involvement in a drug-related case—fully justified his deportation.
Koruga, on the other hand, maintained that the proceedings were tainted with persecution and that there was no legal basis for his deportation, arguing that the CA had no jurisdiction to review such matters.

Whether the exclusive authority of the Board of Commissioners (BOC) over deportation proceedings precludes judicial review by the courts.

Petitioners claimed that the BOC’s authority in deportation matters is exclusive and that no other tribunal may reexamine its decisions.
The respondent argued that all such administrative acts remain subject to judicial review, particularly under Article VIII, Section 1 of the Constitution.

Whether there is a valid and legal ground for the deportation of the respondent under Section 37(a)(4) of the Philippine Immigration Act of 1940.

A key point of contention was whether Section 37(a)(4), by its plain language, should apply only to convictions under Philippine drug laws (specifically the Dangerous Drugs Act of 1972) or extend to convictions under foreign drug laws.
The parties debated the weight of Koruga’s drug conviction in the United States and its implications for his status as an undesirable alien.