Title
Go Oh vs. Vivo
Case
G.R. No. L-24898
Decision Date
Mar 31, 1971
Go Oh and family challenged exclusion from the Philippines, claiming denial of due process; Supreme Court upheld Board of Commissioners' decision, ruling no due process violation and valid jurisdiction.

Case Summary (G.R. No. L-24898)

Applicable Law

The case is governed by Commonwealth Act No. 613, also known as the Philippine Immigration Act of 1940, as amended, which includes provisions for the authority and procedures of the Board of Special Inquiry and the Board of Commissioners.

Facts of the Case

The petitioners, upon arriving from Hong Kong with certificates of registration and identity, faced exclusion proceedings based on their alleged inability to prove their Philippine citizenship. The Board of Special Inquiry ultimately ruled against them, stating they failed to meet the burden of proof regarding their citizenship claims, particularly questioning the legitimacy of their father's citizenship and their own identities.

Lower Court Proceedings

Following the decisions of the immigration boards and subsequent affirmations, the petitioners filed a petition for certiorari and prohibition in the Court of First Instance of Manila. They sought to overturn the exclusion and to secure their right to reside in the Philippines. This petition was granted, resulting in a ruling that declared the decision of the Board of Special Inquiry null and void and mandated a preliminary injunction against their exclusion.

Issues Presented

Two main issues were raised:

  1. Whether the petitioners were denied due process due to a lack of timely notice regarding the exclusion decision.
  2. Whether the Board of Commissioners acted beyond its jurisdiction in affirming the Board of Special Inquiry’s decision.

Due Process Analysis

The Court found that the petitioners were afforded a fair opportunity to present their case before the Board of Special Inquiry, thus aligning with relevant procedural safeguards. Specifically, while they did not receive timely notice of the Board of Special Inquiry's decision prior to its affirmance by the Board of Commissioners, they had previously been heard and presented evidence, which mitigated claims of due process violations.

Jurisdiction of the Board of Commissioners

The affirmation of the exclusion decision by the Board of Commissioners was scrutinized concerning jurisdictional parameters. The Board held the right to review the Board of Special Inquiry’s decisions within one year of promulgation. The respondents contended that their actions were timely as the review occurred within this statutory period, negating claims of jurisdictional overreach.

Final Decision

The Supreme Court ultimately ruled to reverse the lower court's decision, concluding that the decision of the Board of Special Inquiry became

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