Case Summary (G.R. No. 204105)
Key Dates
• December 7, 2004 – Taromsari and Ziveh first entry into the Philippines.
• December 14–16, 2004 – Attempted entry into Japan; returned to MCIA.
• December 17, 2004 – Exclusion order issued by BI.
• January 18, 2005 – Complaint-affidavit filed with Office of the Ombudsman (OMB).
• March 2, 2007 & July 4, 2008 – OMB Decision and Order finding grave misconduct.
• March 9, 2012 & October 16, 2012 – Court of Appeals (CA) Decision and Resolution affirming OMB.
• October 14, 2015 – Supreme Court Decision under 1987 Constitution.
Applicable Law
• 1987 Philippine Constitution – framework for administrative due process and sovereign power over immigration.
• Commonwealth Act No. 613 (PIA of 1940), as amended – Sections 6, 10, 25, 29(a)(17), 37(a)(9), 45(c) and 46.
• Republic Act No. 3019 (Anti-Graft and Corrupt Practices Act) – Section 3(e) on manifest partiality, bad faith, or gross negligence.
• Rules of Court – Rule 45 (certiorari), Rule 43 (appeal from Ombudsman).
Factual Background
Two Iranian nationals arrived at MCIA on December 7, 2004 under assumed Italian and Mexican identities. After traveling to Japan on December 14, they were denied entry on December 16 for using counterfeit passports and returned to MCIA, where they admitted their misuse of fraudulent documents. Regional Director Rosas recommended their exclusion and blacklisting under Section 29(a)(17) of the PIA. An exclusion order was issued, and security guards escorted the Iranians back to Tehran via Malaysia on December 19, 2004.
Proceedings Before the Ombudsman
Respondents Montor and Sabdullah filed charges of grave misconduct, RA 3019 Section 3(e) violation, and conduct prejudicial to public service against Rosas, Napilot, and Ugarte. They alleged that Rosas improperly allowed two restricted aliens to leave without pursuing deportation or criminal charges for passport fraud and national-security risks. Rosas denied personal involvement and insisted exclusion was proper.
OMB Decision and Sanction
The OMB found Rosas guilty of grave misconduct for “manifest partiality, evident bad faith and gross inexcusable negligence” in releasing the Iranians without initiating deportation proceedings under PIA Sections 37(a)(9) and 45. Napilot and Ugarte were exonerated. The penalty of dismissal from service was imposed under Executive Order 292, Book V, Rule XIV, Section 23.
Court of Appeals Ruling
The CA affirmed the OMB, holding that Rosas knew the Iranians had been excluded by Japan for fraudulent passports and therefore had a duty to initiate deportation and criminal proceedings. Their irregular release violated immigration laws. The CA dismissed Rosas’s petition for lack of merit.
Issue on Review
Whether substantial evidence supports Rosas’s dismissal for grave misconduct in releasing the two Iranian nationals without initiating required deportation and criminal proceedings under the PIA, despite a valid exclusion order.
Supreme Court’s Findings on Factual and Legal Questions
The Court held that:
- OMB and CA findings are conclusive when supported by substantial evidence.
- Exclusion and deportation are distinct: exclusion denies entry; deportation removes one already admitted and carries additional penalties (fine and possible imprisonment).
- Under PIA Sections 37(a)(9) and 45(c), use of a falsified immigration document mandates arrest and deportation proceedings.
- Taromsari and Ziveh confessed to knowingly using counterfeit passports to enter the Philippines on December 7 and again on December 14, 2004.
Duty to Initiate Deportation and Criminal Proceedings
As Regional Director, Rosas had supervisory duty to ensure that findings of passport fraud triggered both deportat
...continue readingCase Syllabus (G.R. No. 204105)
Facts
- On December 7, 2004, Iranian nationals Jafar Saketi Taromsari and Jalal Shokr Pour Ziveh arrived at Mactan-Cebu International Airport (MCIA) using counterfeit Italian and Mexican passports under false names.
- They departed for Narita, Japan on December 14, 2004, were discovered with tampered passports, denied entry, and returned to MCIA on December 16, 2004.
- Upon their arrival, they were detained by the Bureau of Immigration (BI) Cebu Detention Center.
- Regional Director Geronimo S. Rosas conducted an investigation, during which the respondents admitted purchase and use of the fake passports to avoid visa requirements, and confessed prior entry to the Philippines under those documents.
- Rosas issued a Memorandum to the BI Commissioner recommending exclusion and blacklisting under Section 29(a)(17) of Commonwealth Act No. 613 (PIA of 1940).
- An Exclusion Order was issued; on December 17, 2004, Rosas directed security guards Napilot and Ugarte to escort the two Iranians to MCIA for deportation.
- On December 19, 2004, the Iranians departed for Tehran via Kuala Lumpur.
Administrative Complaint
- On January 18, 2005, BI employees Imra-Ali Sabdullah and Dilausan S. Montor filed a Complaint-Affidavit with the Office of the Ombudsman (OMB).
- They charged Rosas, Napilot, and Ugarte with grave misconduct, violation of Section 3(e) of RA 3019, and conduct prejudicial to public service.
- The complaint alleged Rosas allowed the Iranians to leave without initiating deportation or criminal proceedings under PIA Sections 37(a)(9), 45, and 46, despite national security concerns.
Petitioner’s Defense
- Rosas denied personal liability, attributing primary inspection and exclusion orders to immigration officers under the supervision of Head Supervisor Madarang III.
- He claime