Republic v. Cloribel
REITERATIONFacts
The Antecedents: Vicente Kho, an alien residing in the Philippines, was found by the Deportation Board to have willfully and fraudulently evaded payment of taxes exceeding one million pesos. The Board recommended his deportation, and the President issued a deportation order in 1957. Due to a motion for reconsideration, the order was not carried out. A new deportation order was issued on August 22, 1962, leading to Vicente Kho's arrest. Procedural History: Kho filed a petition for habeas corpus in the Court of First Instance of Manila to test the legality of his arrest. During the pendency of the habeas corpus petition, he sought bail, which was granted over the objection of the Solicitor-General. This special civil action was filed to challenge the legality of the order granting bail. The Petition: The Republic of the Philippines, through the Solicitor-General, filed a special civil action for certiorari and prohibition to challenge the order of the respondent Judge granting bail to Vicente Kho in a habeas corpus proceeding. The Supreme Court issued an injunction to prevent Kho's release on bail.
Issue(s)
Whether the Court of First Instance has the power to grant bail to an alien detained for deportation pursuant to an order of the President. Whether due process was observed in the issuance of the deportation order against Vicente Kho.
Ruling
The Court ruled that the order granting bail must be annulled and the injunction made permanent. The Court held that courts of first instance have no power to release an alien detained for deportation pursuant to an order of the President upon recommendation of the Deportation Board, even in habeas corpus proceedings, because there is no law authorizing such release on bail.
Ratio Decidendi
On the issue of the Court of First Instance's power to grant bail: The Supreme Court reiterated its established jurisprudence that courts of first instance have no power to release an alien detained by the Bureau of Immigration for deportation pursuant to an order of deportation by the Deportation Board. This is true even in habeas corpus proceedings, as there is no existing law that authorizes such release on bail. The Court cited previous rulings in Bengzon vs. Ocampo and Ong See Sang vs. Commissioner of Immigration to support this conclusion. Therefore, respondent Kho, being held for deportation upon orders of the President, may not be released on bail. On the issue of due process: The Court found that due process was observed in the issuance of the deportation order against Vicente Kho. It was undeniable that charges were filed before the Deportation Board, hearings were held where Kho was afforded the opportunity to cross-examine witnesses and present evidence, and a written recommendation for his deportation was made. The Court reviewed the recommendation and found no reason to criticize the observance of due process. The Court also addressed Kho's arguments regarding the pendency of a petition for revision of the tax assessment before the Court of Tax Appeals, noting that the assessment was made in 1951 and the revision was sought in 1962, which was considered "much too late" and after he had already been found liable for deportation.
Main Doctrine
Courts of first instance have no power to release an alien detained for deportation pursuant to an order of the President upon recommendation of the Deportation Board, even in habeas corpus proceedings, as there is no law authorizing such release on bail.