1) The Supreme Court ruled that while the President has the power to deport aliens, and this power can be delegated to the Deportation Board, the authority to deport does not include the power to arrest aliens without an order of deportation.
2) The Court found that the Deportation Board exceeded its authority by issuing arrest warrants for the aliens pending investigation, as arrest is only valid after an order of deportation has been made.
3) The Court declared the arrest orders and bonds issued by the Deportation Board to be null and void.
1) The Supreme Court ruled that while the President has the power to deport aliens, and this power can be delegated to the Deportation Board, the authority to deport does not include the power to arrest aliens without an order of deportation.
2) The Court found that the Deportation Board exceeded its authority by issuing arrest warrants for the aliens pending investigation, as arrest is only valid after an order of deportation has been made.
3) The Court declared the arrest orders and bonds issued by the Deportation Board to be null and void.
1) The Supreme Court ruled that while the President has the power to deport aliens, and this power can be delegated to the Deportation Board, the authority to deport does not include the power to arrest aliens without an order of deportation.
2) The Court found that the Deportation Board exceeded its authority by issuing arrest warrants for the aliens pending investigation, as arrest is only valid after an order of deportation has been made.
3) The Court declared the arrest orders and bonds issued by the Deportation Board to be null and void.
Qua Chee Gan v. The Deportation Board | Barrera, J.
power to arrest and fix the amount of the bond
of the arrested alien is essential to and FACTS complement the power to deport aliens. Qua Chee Gan, James Uy, Daniel Dy alias Dee Pac, Chan Tiong Yu, Chua Chu Tian, Chua Lim Pao alias ISSUES/HELD Jose Chua, and Basilio King were charged before the [1] WoN the President has the power to deport aliens and if Deportation Board with having purchased $130,000.00 such power is validly delegated to the Deportation Board. – without the necessary licensing from the Central Bank YES. and having clandestinely remitted the same to Hong [2] WoN the authority to deport aliens includes the power Kong. to order the arrest of such aliens. –YES. BUT only when After the filing of the deportation charges, a warrant of there is already an ORDER OF DEPORTATION. arrest was issued for Qua Chee Gan, et al. pending investigation. RATIO They were granted provisional liberty upon their filing [1] of a surely bond for P10,000.00 and a cash bond for Although CA No. 613 expressly grants the P10,000.00. Commissioner of Immigration the power to effect the Qua Chee Gan, et al. filed a joint motion to dismiss the arrest and expulsion of an alien, after previous charges on the ground, among others, that such charges determination by the Board of Commissioners, but such are not legal grounds for deportation ad that the Board power was not intended to be delimited to the has not jurisdiction over such charges. The motion to Immigration Commissioner as Sec. 69 of the dismiss was denied. Administrative Code, although not expressly conferring Qua Chee Gan, et al. then filed a petition for habeas such power, lays down the procedure for such corpus and/or prohibition. deportation proceedings for the President. TIRAL COURT: Upheld the validity of the delegation Therefore, the deportation of an undesirable alien by the President to the Deportation Board the power to may be effected in 2 ways: conduct investigations for the purpose of determining o By order of the President, after due whether the stay of an alien in this country would be investigation, pursuant to Section 69 of the injurious to the security, welfare and interest of the Revised Administrative Code, and State. o By the Commissioner of Immigration, upon o The court also sustained the power of the recommendation by the Board of deportation Board to issue warrant of arrest and Commissioners, under Section 37 of fix bonds for the alien's temporary release Commonwealth Act No. 613. pending investigation on the theory that the And although the charges against Qua Chee Gan are not enumerated in CA No. 613, the act of profiteering, any public officer who may be authorized by the hoarding or blackmarketing of U.S. dollars, in violation Legislature to make such determination, and of the Central Bank regulations, which is tantamount to thereafter issue the warrant of arrest. economic sabotage, is a ground for deportation under Therefore, the arrest of a foreigner, which is necessary the provisions of Republic Act 503 amending Section to carry into effect the power of deportation is valid 37 of the Philippine Immigration Act of 1940. only when there is already an order of deportation. [2] o However, during the investigation, it is not Under EO No. 69, it is required that the alien charged indispensable that the alien be arrested. in deportation proceedings shall file a bond with the o It is enough that a bond be required to insure the Commissioner of Immigration in order to secure their appearance of the alien during the investigation, appearance. as was authorized in EO69. o However, the same did not authorize the arrest of the alien pending investigation. It was in EO No. 398, that the Board was authorized DISPOSITIVE motu proprio or upon the filing of formal charges by Executive Order No. 398 insofar as it empowers the the Special Prosecutor of the Board, to issue the Deportation Board to issue warrant of arrest upon the warrant for the arrest of the alien complained of and filing of formal charges against an alien or aliens and to to hold him under detention during the investigation fix bond and prescribe the conditions for the temporary unless he files a bond for his provisional release in such release of said aliens, is declared illegal. amount and under such conditions as may be prescribed The order of arrest issued by the respondent by the Chairman of the Board. Deportation Board is declared null and void and the However, Section 69 of the Revised Administrative bonds filed pursuant to such order of arrest, decreed Code, upon whose authority the President's power to cancelled. deport is predicated, does NOT provide for the exercise of the power to arrest. Moreover, the right of an individual to be secure in his person is guaranteed by Sec. 1 Art III of the Constitution: “...no warrants shall issue but upon probable cause, to be determined by the judge after examination under oath or affirmation of the complainant and the witnesses he may produce...” Rodriguez, et al. v. Villamiel, et al. expands the requirement — "to be determined by the judge" — to
Petitioner-Appellee vs. vs. Respondent Appellant Solicitor General Antonio Barredo, Assistant Solicitor General Antonio G. Ibarra and Solicitor Bernardo P. Pardo Sta. Ana and Mariano