Case Summary (G.R. No. 162059)
Background Facts
Respondent Davonn Maurice Harp, born on January 21, 1977, in the United States, was invited to play in the Philippine Basketball Association, which led to a Senate investigation into the citizenship of foreign basketball players in the Philippines. During the inquiry, doubts about his Philippine citizenship arose concerning the authenticity of his documentation, primarily a birth certificate of his father, Manuel Arce Gonzalez.
Senate Inquiry Findings
The Senate Committees discovered that documents submitted by Harp to support his citizenship claim were likely falsified. The investigation revealed discrepancies in the birth certificate of Manuel, as well as issues related to documentation about his grandparents and the lack of public records. Specifically, alterations to the birth certificate raised significant concerns regarding its authenticity.
Actions Taken by the DOJ
In response to the Senate's findings, the Department of Justice (DOJ) established a special committee to investigate the citizenship of Harp and other players. On October 18, 2004, the DOJ issued a resolution revoking Harp's recognition as a Philippine citizen, prompting the Bureau of Immigration to initiate summary deportation proceedings.
Summary Deportation Order Issued
On October 26, 2004, the Bureau of Immigration issued a Summary Deportation Order concerning Harp. Following this, Harp sought judicial intervention and initially filed a Petition for Prohibition with the Regional Trial Court, which he later withdrew, opting to file a Petition for Review with the Court of Appeals (CA) instead.
Court of Appeals Decision
In a decision dated July 16, 2009, the CA granted Harp's petition, nullifying the Summary Deportation Order. The CA determined that Harp, who had been recognized as a Filipino citizen, could not be summarily deported without due process. It emphasized the necessity for a proper legal challenge to any claim against his citizenship rather than an indirect attack through deportation proceedings.
Petitioners' Arguments
The petitioners contended that the CA erred in its decision, arguing that Harp's appeal was moot due to his voluntary departure from the Philippines, that the appeal was filed late, and that the CA improperly relied on Harp's citizenship as a basis for its ruling.
Respondent's Claims
Harp asserted that he was a recognized natural-born citizen of the Philippines and challenged the revocation of his citizenship based on the alleged misrepresentation and spurious documentation claims made by the Senate committees, DOJ, and Bureau of Immigration.
Resolution of the Supreme Court
The Supreme Court ruled against the petitioners' claims, determining that Harp's case was not moot because he had demonstrated an intent to return to the Philippines and was actively fighting for his recognized citizenship. The Court further ruled that there were no undue delays in Harp's appeal process, deeming the one-day delay in filing excusabl
...continue readingCase Syllabus (G.R. No. 162059)
Case Overview
- This case involves a Petition for Review under Rule 45 of the Rules of Court, contesting the Decision of the Court of Appeals (CA) dated July 16, 2009.
- The CA nullified the Summary Deportation Order issued by the Bureau of Immigration against the respondent, Davonn Maurice Harp.
- Petitioners seek to reinstate the DOJ Resolution dated October 18, 2004, which revoked the recognition of respondent as a Philippine citizen and the subsequent Summary Deportation Order dated October 26, 2004.
Factual Antecedents
- Davonn Maurice Harp was born on January 21, 1977, in the United States to Toiya Harp and Manuel Arce Gonzalez.
- He was invited to the Philippines to play basketball and participated in a Senate investigation regarding the citizenship of Fil-Am basketball players.
- Respondent had previously obtained recognition as a citizen of the Philippines based on several documents, including his birth certificate and a certification confirming his father's citizenship.
Senate Investigation Findings
- The Senate committees doubted the authenticity of respondent’s citizenship documents, indicating potential forgery.
- Key evidence included discrepancies in his father's birth certificate and issues surrounding the documentation of his grandparents' marriage.
- The Senate's findings led to the DOJ's investigation into the citizenship of several PBA players, including Harp.
DOJ Action and Summary Deportation Order
- Following the DOJ's investigation, Secretary Raul S. Gonzalez issued a Resolution on October 18, 2004, revoking the recognition of several players, including Ha