Case Summary (G.R. No. L-10280)
Executive and Legislative Basis of Deportation Power
Section 69 of the Revised Administrative Code mandates a prior investigation by the President or authorized agent before deportation. Commonwealth Act 613 expressly empowers the Immigration Commissioner, and its savings clause preserves Sec. 69, indicating legislative recognition of presidential deportation authority.
Grounds for Deportation in This Instance
Alleged unauthorized purchase and clandestine remittance of foreign currency contravenes Central Bank regulations and constitutes economic sabotage—now a deportable offense under RA 503’s amendment of Sec. 37, Philippine Immigration Act of 1940.
Delegation of Investigatory and Arrest Authority
Presidents have delegated investigatory power to the Deportation Board via Executive Orders (Murphy, Quezon, Roxas, Quirino). Quirino’s EO 398 authorized the Board to issue arrest warrants and set bond conditions motu proprio.
Constitutional Safeguards on Arrest Warrants
The 1935 Constitution (Art. III, Sec. 1) guarantees security of person and requires that any warrant of arrest issue only upon probable cause “determined by the judge” after oath-bound examination. This universal right covers both citizens and aliens and applies equally to administrative warrants.
Non-Delegability of Discretion to Arrest
Issuing an arrest warrant involves discretionary judgment to curtail personal liberty. While ministerial duties may be delegated, discretionary executive functions—especially those affecting fundamental rights—cannot be transferred to an administrative
...continue readingCase Syllabus (G.R. No. L-10280)
Facts of the Case
- On May 12, 1952, Special Prosecutor Emilio L. Galang charged seven aliens—Qua Chee Gan, James Uy, Daniel Dy alias Dy Pac, Chan Tiong Yu, Chua Chu Tian, Chua Lim Pao alias Jose Chua, and Basilio King—with purchasing U.S. dollars totaling $130,000 without a Central Bank license and secretly remitting them to Hong Kong.
- Three of those petitioners (Qua Chee Gan, Chua Lim Pao alias Jose Chua, and Basilio King) were also accused of attempting to bribe Philippine and U.S. officials to evade prosecution for the unauthorized currency purchase.
- A warrant of arrest was issued by the Deportation Board’s presiding member; the petitioners secured provisional release by posting a surety bond and cash bond, both in the amount of ₱10,000 each.
Procedural History
- September 22, 1952: Petitioners filed a joint motion to dismiss the deportation charges for lack of legal grounds and jurisdiction; the Board denied it on February 9, 1953.
- July 7, 1953: The Supreme Court gave due course to a petition for habeas corpus and/or prohibition, returning the case to the Court of First Instance of Manila as Special Proceeding No. 20037.
- A writ of preliminary injunction issued, restraining the Deportation Board from proceeding with Charge No. R-425 pending final resolution.
- July 29, 1953: The Deportation Board filed its answer, asserting its delegated authority from the President and defending its jurisdiction and power to order arrests and fix bonds.
- January 18, 1956: The lower court upheld the Board’s investigative and arrest powers under Section 69 of the Revised Administrative Code, dismissed the petition, and refused costs.
- September 30, 1963: This appeal reached the Supreme Court as G.R. No. L-10280.
Issues Presented
- Whether the President’s power to deport aliens is vested exclusively in the Legislature or may be exercised and delegated by the Executive.
- Whether Section 69 of the Revised Administrative Code and subsequent Executive Orders validly authorize the Deportation Board to issue ar