Topic

Power

Deportation of Undesirable Aliens essentially an Executive

Title

Go tek vs. Deportation Board

Citation

G.R. No. L-23846 September 9, 1977

I.

Facts:
Go Tek was arrested by the National Bureau of Investigation after
the search of an office which was believed to be the headquarters of
a guerilla unit of the "Emergency Intelligence Section, Army of the
United States". In Sta. Cruz, Manila. He was alleged to have with
him at the time of the arrest a fake dollar checks in violation of
Article 168 of the Revised Penal Code and rendered himself an
undesirable alien.
The prosecutor prayed that after trial the Board should recommend to the
President of the Philippines the immediate deportation of Go Tek as an
undesirable alien, and that "his presence in this country having been, and
will always be and a menace to the peace , welfare, and security of the
community". Go Tek filed a motion to dismiss on the ground that the

complaint was premature because there was a pending case against

him in the city fiscal's office of Manila for violation of Article
168.Hecontended that the board had no jurisdiction to try the case
in view of the obiter dictum in Qua Chee Gan that the board may
deport aliens only on the grounds specified in the law. The Board, in
its resolution of April 21, 1964 denied Go Tek's motion. The Board
reasoned out that a conviction is not a prerequisite before the State my
exercise its rights to deport an undesirable alien and that the Board is only
a fact finding body whose function is to make a report and
recommendation to the President in whom is lodged the exclusive power
to deport an alien. Go Tek filed in the Court of First Instance of Manila a
prohibition action against the Board on July and ruled in favor of Go Tek.
Hence , the board appealed to the Supreme Court on the ground that the
decision is contrary to law.

II.

Issue:

a. Whether or not the Deportation Board can entertain a deportation

proceeding based on a ground which is not specified in section 37 of
the Immigration Law and although the aliens has not yet been
convicted of the offense imputed to him.

III.

Ruling:
The lower court's decision is reversed and set aside. The writ of
preliminary injunction is dissolved. The case is to the Deportation
Board for further proceedings. Costs against the petitioner-appellee.

a. Yes, under existing law; the deportation of an undesirable alien may

be effected (1) by order of the President, after due investigation,
pursuant to section 69 of the Revised Administrative Code and (2)
by the Commissioner of Immigration upon recommendation of the
Board of Commissioners under section 37 of the immigration Law.
The state has the inherent power to deport undesirable aliens. That
power may be exercise by the Chief Executive "when he deems
such action necessary for the peace and domestic tranquility of the
nation Justice Johnson's is that there the Chief Executive rinds that
there are aliens whose continued in the country is injurious to the
public interest he may, even in the absence of express law, deport
them.
A thorough comprehension of the President's power to deport aliens
may show the baselessness of the instant prohibition action of Go
Tek The President's power to deport aliens and the investigation of
aliens subject to deportation are provided for in the following
provisions of the Revised Administrative Code:
SEC. 69. Deportation of subject of foreign power. A subject of a
foreign power residing in the Philippine Islands shall not be deported
expelled, or excluded from said Islands or repatriated to his own
country by the Governor-General except upon prior investigator,
conducted by said Executive or his authorized agent, of the ground
upon which such action is contemplated. In such case the person
concerned shall he informed of the charge or charges against him
and he shall be allowed not less than three days for the preparation

of his defense. He shall also have the right to be heard by himself or

counsel, to produce witnesses in his own behalf, and to crossexamine the opposing witnesses.