Domingo v.

Scheer 421 SCRA 468 [2004]

FACTS: The BOC ordered the deportation of the respondent after a summary proceeding without prior notice on the
following grounds: the respondents German passport had expired; there was a pending criminal case for physical injuries
against him in Germany; the respondent indulged in illegal activities in Palawan; that in all likelihood, the respondents
passport will not be renewed by the German Embassy as he was wanted for insurance fraud in Germany; and, he was an
undesirable alien. The respondent (petitioner therein) in his Memorandum prayed for the nullification of the BOCs Order,
as well as its Omnibus Resolution denying his Urgent Motion for Reconsideration considering that with the issuance of a
new passport, there was no more basis for his deportation.

ISSUE: Whether the BOC committed a grave abuse of discretion in issuing its Summary Deportation Order and Omnibus
Resolution

RULING: The BOC issued its Summary Deportation Order without affording the respondent the right to be heard on his
motion and adduce evidence thereon. It merely concluded that the respondent was involved in illegal activities in
Palawan. What made matters worse was that the BOC indulged in sheer speculation, that the German Embassy is unlikely
to issue a new passport to the respondent. The deportation of aliens should not be based on mere speculation or a mere
product of procrastinations as in this case. Despite all the foregoing, the petitioner ordered and caused the arrest and
detention of the respondent.