Question & AnswerQ&A (CID LAW INSTRUCTIONS NO. 29)
An alien can be deported under the Immigration Act, Section 37, based on any of the 13 enumerated grounds or under the Administrative Code, Section 69, after prior investigation and hearing.
The alien must be informed of the specific grounds for deportation and given a hearing under rules of procedure prescribed by the Commissioner of Immigration and Deportation.
The Board of Commissioners has exclusive jurisdiction over all deportation cases.
The decision becomes final and executory after 30 days from promulgation unless the President issues an order to the contrary within that period.
The alien must be informed of the charges, allowed at least 3 days to prepare a defense, has the right to be heard personally or by counsel, can produce witnesses, and cross-examine opposing witnesses.
No. Philippine law requires notice and a hearing before deportation; summary deportation is not allowed.
Under the Administrative Code, deportation is immediately executory after judgment and does not require waiting for the 30-day period; under the Immigration Act, the 30-day waiting period applies unless overridden by the President.
It is the period after promulgation within which no deportation order becomes final and executory in the absence of a presidential order to the contrary.
Procedural protections include being informed of the charges, having the right to a hearing, being allowed time to prepare a defense, right to counsel, to present and cross-examine witnesses, and to receive notice of the grounds for deportation.