Lao Gi v
Court of Appeals
Facts:
Herein petitioner faces a charge for deportation when a judgment was
rendered cancelling his citizenship (obtained from a prior judgment) on the
ground that it was founded on fraud and misrepresentation. Petitioners were
required to register as aliens but refused. They filed a motion for
reconsideration of the of the order directing them to register as aliens and to
oppose the motion for their arrest but was denied by Acting Commissioner
Nituda. Petitioners filed for certiorari in the CFI of Manila which was
dismissed fo lack of legal basis. Petition for certiorari was also dismissed on
appeal in the CA and a motion for reconsideration was also denied. Hence, the
present petition.
Issue:
WON petitioners are entitled to the right to due process even if they are
aliens.
Held:
The power to deport an alien is an act of the State. It is an act by or
under the authority of the sovereign power. It is a police measure against
undesirable aliens whose presence in the country is found to be injurious to
the public good and domestic tranquility of the people.
Although a deportation proceeding does not partake of the nature of
a criminal action, however, considering that it is a harsh and extraordinary
administrative proceeding affecting the freedom and liberty of a person, the
constitutional right of such person to due process should not be denied. Thus,
the provisions of the Rules of Court of the Philippines particularly on
criminal procedure are applicable to deportation proceedings.
Under Section 37(c) of the Philippine Immigration Act of 1940 as amended,
it is provided:
c)No alien shall be deported without being informed of the specific
grounds for deportation nor without being given a hearing under rules of
procedure to be prescribed by the Commissioner of Immigration.
Hence, the charge against an alien must specify the acts or omissions
complained of which must be stated in ordinary and concise language to enable a
person of common understanding to know on what ground he is intended to be
deported and enable the CID to pronounce a proper judgment.
Petition is hereby granted and the questioned order of the respondent
commission on immigration and deportation is hereby set aside.