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Djumantan v.

Domingo 240 SCRA 746 [1995]


Right of every state to regulate the entry of persons into their country: deportation part of executive power.

FACTS: Bernard Bañez was an OFW in Indonesia, married to Marina Cabael. He married Djumantan in Indonesia and had 2 children.
He brought them to Philippines pretending to be only friends and passed through immigration through such misrepresentation. They
lived at Bañez’s house. However, Bañez and petitioner’s relationship was later discovered by Cabel who then filed for concubinage but
was dismissed. Immigration status of petitioner was changed from temporary visitor to that of permanent resident. Petitioner was issued
an alien certificate of registration. Banez’ eldest son, Leonardo, filed a letter complaint subsequently referred to CID (Commissioners
Bureau of Immigation and Deportation). Petitioner was detained at the CID detention cell. Petitioner moved for the dismissal of the
deportation case on the ground that she was validly married to a Filipino citizen. CID disposed that the second marriage of Bernardo
Banes to respondent Djumantan was irregular and not in accordance with the laws of the Philippines. They revoked the visa previously
granted to her.

ISSUE: Whether such revocation is a valid exercise of executive power.

RULING: Yes. Generally, the right of the President to expel or deport aliens whose presence is deemed inimical to the public interest
is as absolute and unqualified as the right to prohibit and prevent their entry into the country. This right is based on the fact that since
the aliens are not part of the nation, their admission into the territory is a matter of pure permission and simple tolerance which creates
no obligation on the part of the government to permit them to stay.

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