Title
Director of Prisons vs. Ang Cho Kio
Case
G.R. No. L-30001
Decision Date
Jun 23, 1970
A convict granted conditional pardon violated terms by returning to the Philippines, leading to recommitment. Courts upheld Executive authority, rejecting judicial recommendations on deportation.

Case Summary (G.R. No. 125758)

Background and Facts of the Case

Ang Cho Kio was convicted of multiple serious offenses, including murder and illegal possession of firearms, and sentenced to over 45 years in prison along with indemnities and damages. After serving approximately six and a half years, he was granted a conditional pardon on July 4, 1959, by the President of the Philippines. The condition attached to this pardon required Ang Cho Kio to voluntarily leave the Philippines upon release and never return. He accepted this condition and left the country for Taipei, Nationalist China.

On June 26, 1966, Ang Cho Kio clandestinely returned to the Philippines under the assumed name Ang Ming Huy, submitted to immigration, and requested a 14-day extension of his temporary stay. The Bureau of Immigration identified him as the same individual who had been conditionally pardoned and earlier deported. Consequently, the Executive Secretary, exercising authority delegated by the President, ordered his recommitment to prison to serve the unexpired portion of his sentence for violating the conditions of his pardon.

Procedural History

Ang Cho Kio filed a motion for reconsideration of the recommitment order, which remained unacted upon. He then petitioned the Court of First Instance of Rizal for a writ of habeas corpus, challenging the legality of his detention. The trial court dismissed the petition, upholding the validity of the recommitment under Section 64(i) of the Revised Administrative Code. The Court of Appeals affirmed this dismissal, recognizing that the President’s decision to recommit for violation of pardon conditions was an exercise of his prerogative that courts should not interfere with, even if erroneous.

Issues on Appeal

The Solicitor General, representing the Director of Prisons and the Executive Secretary, appealed by certiorari specifically challenging a recommendation made by the Court of Appeals’ majority. While affirming the dismissal of the habeas corpus petition, the Court of Appeals had recommended that Ang Cho Kio be allowed to leave the country immediately by the first available flight under guard, rather than being recommitted for the remainder of his sentence. The Solicitor General argued that this recommendation was beyond the Court’s judicial authority and improperly interfered with the discretionary and political powers of the Chief Executive.

Supreme Court’s Analysis: Authority of the Chief Executive and Limits of Judicial Power

The Supreme Court agreed with the Solicitor General’s contention that the only proper judicial role in a habeas corpus proceeding was to determine the legality of the detention. The Court held that Ang Cho Kio’s recommitment was a valid exercise of the President’s authority under Section 64(i) of the Revised Administrative Code and that judicial interference in the executive’s determination of pardon conditions was not warranted.

The Court emphasized the principle of separation of powers, underscoring that courts should not extend their opinions or recommendations beyond what is judicially necessary or authorized. The recommendation by the Court of Appeals that Ang Cho Kio be allowed to leave the country was viewed as an unauthorized encroachment on an executive and political function. Such decisions regarding the deportation or voluntary departure of an undesirable alien are within the sole discretion of the Chief Executive, and courts must abstain from influencing or interfering with these political powers.

The Court underscored that the judiciary’s recommendatory powers are limited to those expressly provided by law, such as the provisions in Article 5 of the Revised Penal Code concerning legislative reform or excessive penalties, neither of which applied in this case. The Court further articulated that expressions in decisions which are irrelevant to the legal issues before the court, especially those interfering with executive prerogatives, should be avoided to maintain judicial propriety, competence, and public respect.

Division within the Supreme Court and Final Ruling

The Court was divided on whether to order deletion of the recommendation from the Court of Appeals’ decision. Five justices agreed that the recommendation was improper and should be deleted, affirming the Solicitor General’s appeal in part. However, two justices dissented, favoring the preservation of the recommendation as a non-prejudicial matter within judicial discretion, and three justices recused themselves due to prior involvement with the case. With less than the required majority to grant the certiorari fully, the petition was denied, thereby allowing the decision, including the recommendation by the Court of Appeals, to stand but without imposing costs.

Concurrence: Judicial Function and Separation of Powers

Justice Fernando concurred fully with the Court’s analysis, especially endorsing the principle that the judiciary must confine itself strictly to judicial functions and respect the separation of powers. He cautioned against courts assuming advisory roles or issuing recommendations that intrude upon executive


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