Santos v. Commissioner, Bureau of Immigration
REITERATIONFacts
The Antecedents: Petitioner Lucio Santos was detained under a warrant of arrest issued by the Commissioner of Immigration on the ground of being a Chinese citizen who entered the country illegally. Petitioner denied being an alien. Procedural History: The lower court issued a writ of habeas corpus. The Commissioner of Immigration filed a return stating that petitioner was Ong Hiong King, a Chinese subject who illegally entered the country, and that deportation proceedings were pending before the Board of Special Inquiry. The Commissioner asserted that petitioner had confessed to illegal entry and that his application for registration as a Filipino was made too late, estopping him from claiming Filipino citizenship. The Commissioner also argued that the lower court lacked jurisdiction as deportation matters are vested in the Board of Special Inquiry and that petitioner failed to exhaust administrative remedies. The Petition: The lower court, without passing on the citizenship issue, ordered the release of petitioner upon posting a P5,000 bond to ensure his appearance at the deportation hearing. This order was appealed by the Commissioner of Immigration.
Issue(s)
Whether the Commissioner of Immigration could validly order the arrest of an alien prior to an order of deportation. Whether the lower court erred in ordering the release of the petitioner on bail pending deportation proceedings.
Ruling
The order of the lower court dated February 5, 1966, is affirmed. No costs.
Ratio Decidendi
On the issue of whether the Commissioner of Immigration could validly order the arrest of an alien prior to an order of deportation: The Court reiterated the ruling in Qua Chee Gan v. Deportation Board, holding that the power to order the arrest of an alien is contingent upon the existence of a prior order of deportation. The Court emphasized that under the Constitution, a warrant of arrest generally requires probable cause determined by a judge. While an arrest may be necessary to carry out a final deportation order, it is not indispensable during the pendency of the investigation. The arrest in this case was made before any final determination of deportability, rendering it improper. On the issue of whether the lower court erred in ordering the release of the petitioner on bail pending deportation proceedings: The Court found that the lower court's order for release, albeit provisional and conditioned upon a bond, was supported by the principle established in Qua Chee Gan. Since the arrest itself was deemed improper as it preceded a deportation order, the lower court's action to secure the petitioner's appearance for the ongoing administrative proceedings was within its authority, especially considering the provisional nature of the release. The appeal by the Commissioner of Immigration was therefore dismissed.
Main Doctrine
An order for the arrest of an alien can only be issued after there is already an order of deportation; an arrest during the pendency of deportation proceedings, prior to a final order, is improper.