Nature of Deportation Proceedings
- Deportation proceedings are administrative, not criminal.
- Focus is on ascertaining truth without strict adherence to judicial technicalities.
- Due process must be observed.
Jurisdiction
- Deportation cases arise under (a) Section 8, Chapter 3, Title I, Book III of the 1987 Administrative Code or (b) Section 37(a) of the Philippine Immigration Act of 1940.
- The Board of Commissioners exclusively hears cases filed under the Immigration Act.
- Cases under the Administrative Code decided by the Office of the President based on Board’s recommendation.
- Composition: Commissioner of Immigration (Chairman) and two Associate Commissioners.
Initiation of Proceedings (Complaints)
- Deportation initiated by complaints from government agencies or private citizens.
- Complaints must specify acts/omissions clearly to inform the alien and the Board.
- Complaints generally under oath except for government agencies’ routine filings.
- Referrals are verified/build-up cases handled by Intelligence Division.
- Insufficient complaints (e.g., vague, hearsay, anonymous) are dismissed or verified.
- Withdrawal of complaint does not prevent deportation if merit exists.
Preliminary Investigation
- Special Prosecutor issues notice to alien to appear within 10 days to answer charges.
- Within 10 days from hearing, Special Prosecutor determines existence of prima facie case.
- If prima facie exists, files charge sheet with Board of Special Inquiry.
- Failure to appear may lead to issuance of mission order for arrest and filing of charges.
- Complaints from final conviction dispose deportation summarily if offense involves moral turpitude or related immigration laws.
Custodial Investigation
- Conducted after warrants based on probable cause.
- Arrested alien brought to Special Prosecutor; if after hours, held by Intelligence Division.
- Prima facie case determination made within 2 days.
- Charge sheet filed if prima facie exists; otherwise, recommend release.
The Charge Sheet
- Written accusation by Special Prosecutor filed with Board of Special Inquiry.
- Must clearly state alien’s name, offense designation, acts/omissions, approximate time/place.
- Multiple offenders included; unknown names described fictitiously.
Mission Orders and Search Warrants
- Commissioner may issue mission orders for warrantless arrest valid for 10 days.
- Issued on Special Prosecutor’s or Intelligence Division Chief’s request when reasonable grounds exist.
- Search warrants obtained per court procedure; warrantless searches allowed incidental to lawful arrest.
- Arresting officers must advise alien of arrest reasons, rights to counsel, and silence.
- Arresting officers must notify consulate and prepare arrest affidavits & reports.
Bail Provisions
- No inherent right to bail for aliens in deportation; discretionary with Commissioner.
- Bail applications go through Special Prosecutor recommendation.
- Conditions include compliance with proceedings, appearance at hearings, surrender on final order, and bond covers costs if alien absconds.
- Bail forfeited upon breach; alien may be rearrested without warrant.
- Bail cancelled upon completion of proceedings, death, departure, or acquittal.
Release of Alien
- Alien may be released if no prima facie or if bail granted and posted.
- Only Commissioner may order release.
Deportation Hearing
- Initiated by subpoena from Board of Special Inquiry; hearing within 15 days.
- Alien informed of charges, right to counsel, confront witnesses, cross-examine, and presumption of innocence.
- Alien may testify unless it implicates a crime.
- Proceedings may continue in alien’s absence if duly notified.
- Motion to quash allowed on jurisdictional, factual, or previous acquittal grounds.
- Admission of charges requires inquiry on voluntariness before recommendation.
- Cases calendared first-come, first-served with a 30-day termination rule.
- Stipulation of facts and judgment based on pleadings allowed.
- Hearing conducted with orderly presentation of evidence; strict limits on witnesses and examination.
- Demurrer to evidence waives defense presentation.
- Substantial evidence required for findings.
- Proceedings suspended if criminal prosecution is pending; deportation may continue if immigration offense also exists.
Summary Deportation
- Applies to cases of overstaying or passport expiration.
- Requires presentation of valid passport; recommendation submitted promptly.
- Decision rendered within 2 weeks.
Self-Deportation
- Allowed if no pending case; not allowed to evade prosecution or liabilities.
- Approval required from Commissioner on recommendation.
- Bars alien from re-entry.
- Voluntary deportation treated as self-deportation.
Board of Special Inquiry Recommendations
- Must submit recommendation within 15 days after hearing.
- Recommendation includes findings and case summary.
- Chronological file of recommendations maintained.
Decision by Board of Commissioners
- Deliberates and decides within 15 days of receiving recommendation and records.
- Decision includes charge, alien’s name, facts, findings, and judgment.
- Service of decision by sending copy to last known address or counsel’s office; deemed promulgated.
- Decision final after 30 days unless President orders otherwise.
- Commissioner issues deportation warrant; Intelligence Division executes and reports.
- Weekly status reports if warrant unserved.
Costs of Deportation
- Transportation cost borne by vessel owner if deportation within 5 years of entry; otherwise Bureau of Immigration pays.
- Other costs charged against alien’s bond if posted.
Repealing Clause
- Inconsistent laws, rules and orders repealed or modified accordingly.
Effectivity
- Rules effective after approval by Secretary of Justice, publication in a newspaper, and 15 days thereafter.