Case Summary (G.R. No. L-12231)

Authority of the Commissioner of Immigration

• Commonwealth Act No. 613 governs the entry of aliens into the Philippines.
• The Commissioner of Immigration serves as the administrative head of the Bureau of Immigration, overseeing all immigration laws.
• The President of the Philippines has the authority to admit non-immigrant aliens for temporary stays under specific conditions.
• The Secretary for Foreign Affairs lacks the authority to admit aliens for temporary stays or to extend their stay beyond what the Commissioner of Immigration has authorized.

Power to Forfeit Bonds

• The Secretary for Foreign Affairs can consider requests for extensions beyond the initial three-month period for temporary visitors.
• This authority does not diminish the Commissioner of Immigration's power to declare a bond forfeited for violations of its terms.

Case Background and Procedural History

• The petitioner, Ang Liong, sought a preliminary injunction against the Commissioner of Immigration to prevent the forfeiture of cash bonds posted for his wife and son.
• The petitioner filed cash bonds totaling P14,000 to guarantee compliance with the terms of their temporary stay.
• The wife and son were granted a three-month temporary stay upon their arrival in the Philippines.
• Requests for extensions were made, but the temporary stay expired without compliance with the departure requirement.

Sequence of Events Leading to Forfeiture

• The petitioner requested an extension of stay for his wife and son, which was denied.
• The Commissioner of Immigration reminded the petitioner of the expiration of the temporary stay and required their departure.
• The petitioner acknowledged the expiration and requested a brief extension, which was granted until November 19, 1955.
• A subsequent request for a three-month extension was made to the Secretary for Foreign Affairs, which was approved, but the original bonds were declared forfeited due to the violation of their terms.

Terms and Conditions of the Bonds

• The cash bonds included specific conditions, including a guarantee that no requests for extensions would be filed.
• The failure to depart by the specified date constituted a breach of the bond's terms.
• The Secretary for Foreign Affairs' approval of an extension did not absolve the petitioner from liability under the bond.

Legal Implications of the Secretary's Authority

• The Secretary for Foreign Affairs' authority to grant extensions d...continue reading

Case Syllabus (G.R. No. L-12231)

Case Background

• The case involves an appeal by Ang Liong against the judgment of the Court of First Instance of Manila.
• The petitioner sought a writ of preliminary injunction to prevent the Commissioner of Immigration from forfeiting a cash bond of P10,000 for his wife, Wong Woon Pun alias Ong Siu, and P4,000 for his son, Ang Hua.
• The petitioner also requested to suspend the enforcement of an order for their arrest and confinement, which was contingent upon the filing of new cash bonds within 48 hours.
• The petitioner sought a declaration that the forfeiture of the cash bonds was null and void, alongside claims for moral damages and attorney’s fees.

Factual Background

• Ang Liong filed for temporary admission of his wife and son into the Philippines under Commonwealth Act No. 613.
• A total cash bond of P14,000 was executed and filed to guarantee compliance with the terms of their temporary stay.
• The visitors were granted a temporary stay from August 1 to November 1, 1955.
• Subsequent requests for extension of their stay were made by the petitioner and his counsel, which were denied by the Commissioner of Immigration.

Timeline of Events

• October 1, 1955: Attorney Jose R. Abalos requested an extension of the visitors' stay.
• November 7, 1955: T...continue reading