Jurisdiction and Finality of Deportation Decisions under the Immigration Act
- The Board of Commissioners has exclusive jurisdiction over all deportation cases (Section 8-A).
- Decisions of the Board become final and executory thirty (30) days after promulgation.
- Within the 30-day period, the President may issue an order to suspend or reverse the decision.
Deportation under the Administrative Code
- Deportation may alternatively proceed under Section 69 of the Administrative Code.
- This requires prior investigation and formal notice to the alien of charges against him/her.
- The alien is entitled to at least three (3) days to prepare a defense.
- The alien has the right to:
- Be heard personally or by counsel.
- Produce witnesses in his/her behalf.
- Cross-examine opposing witnesses.
Prohibition of Summary Deportation and Executory Effect of Deportation Orders
- Philippine law strictly prohibits summary deportation without notice and hearing.
- Deportation orders under the Immigration Act take effect after a thirty-day period, unless stayed by the President.
- Deportation orders promulgated under the Administrative Code become immediately executory and enforceable without waiting for the thirty-day period to elapse.
Summary
- The legal framework provides two avenues for deportation, each with distinct procedural safeguards.
- Due process requirements include specific grounds, formal notice, and hearing rights before deportation.
- Authority over deportation cases is centralized with the Board of Commissioners with presidential oversight.
- Immediate enforceability applies only to deportations issued under the Administrative Code after adequate procedural due process.