Tan v. Deportation Board
REITERATIONFacts
The Antecedents: Petitioner, Tan Sin, a Chinese citizen and permanent resident of the Philippines, was charged with and convicted of estafa in the Court of First Instance of Manila on December 7, 1953. He was sentenced to 4 months and 1 day of arresto mayor, to indemnify the offended party, and to suffer subsidiary imprisonment in case of insolvency. The Court did not recommend his deportation. Petitioner served his sentence and was scheduled for release on December 7, 1955. Procedural History: Prior to his release, on November 29, 1955, charges were filed against him in the Deportation Board, alleging his conviction for estafa and service of sentence, and praying for a recommendation to the President for his deportation as an undesirable alien. The Deportation Board ordered his detention upon release pending deportation proceedings. Petitioner was released on December 7, 1955, after posting bail. He filed a motion to dismiss with the Deportation Board, which was denied. He then filed a petition for a writ of habeas corpus and/or prohibition, certiorari, and mandamus in the Court of First Instance of Manila. The Court of First Instance denied his petition, and he appealed. The Petition: The appellant contended that Congress, not the President, has the absolute power to deport aliens; that the President's power is limited to reasons provided by law (Section 37, Commonwealth Act No. 613, as amended) and requires a hearing (Section 69, Revised Administrative Code); and that Section 37(a), clause 3 of Commonwealth Act No. 613, as amended, does not apply to him as he was convicted only once, more than thirty years after his entry, and sentenced to only 4 months and 1 day of arresto mayor.
Issue(s)
Whether the President of the Philippines has the authority to deport an alien on grounds of being 'undesirable' even if the alien's conduct does not fall within the specific grounds for deportation enumerated in Commonwealth Act No. 613.
Ruling
The Supreme Court affirmed the judgment of the Court of First Instance, denying the petitioner's petition for a writ of habeas corpus and/or prohibition, certiorari, and mandamus. The Court held that the power to deport aliens is lodged in the President of the Philippines as an act of state, subject to the regulations in Section 69 of the Revised Administrative Code. The Court also ruled that the grounds for deportation are not limited to those enumerated in Commonwealth Act No. 613, as amended, and that temporary detention pending deportation proceedings is legal.
Ratio Decidendi
On Issue 1: The Supreme Court held that the power to deport aliens is lodged in the President of the Republic of the Philippines as an inherent act of state. Citing the landmark case of In re McCulloch Dick, the Court emphasized that this power is vested in the Executive by virtue of his office and is subject only to the procedural regulations found in Section 69 of the Revised Administrative Code. The Court clarified that Commonwealth Act No. 613 (the Philippine Immigration Act of 1940) merely enumerates grounds upon which the Commissioner of Immigration may arrest and deport an alien, but it does not limit the President's broader authority. Under Section 52 of CA 613, it is explicitly stated that Section 69 of the Revised Administrative Code shall continue to remain in force and effect, thereby preserving the President's discretionary power. Applying the ruling in Tan Tong v. Deportation Board, the Court reiterated that the law intends to grant the Chief Executive full discretion to determine whether an alien's presence is so undesirable as to injure the security, welfare, or interest of the state. Consequently, the Deportation Board, acting as the President's authorized agent under Executive Order No. 398, has the legal authority to investigate Tan Sin and recommend his deportation if he is found to be undesirable, regardless of the specific parameters of the sentence imposed for his Estafa conviction. Finally, the Court ruled that the temporary detention of an alien pending deportation proceedings is a legal and necessary step in the process of exclusion or expulsion.
Main Doctrine
The power to deport aliens is lodged in the President of the Republic of the Philippines as an act of state, vested in the Executive by virtue of his office, subject only to the regulations prescribed in Section 69 of the Revised Administrative Code or to such future legislation as may be promulgated on the subject. The adjudication of facts upon which deportation is predicated also devolves on the Chief Executive whose decision is final and executory. Temporary detention of an alien pending deportation proceedings is a necessary step and the government has the right to hold him under confinement for a reasonable length of time.