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Lao Gi v CA (1989)
180 SCRA 756
Facts: Filomeno Chia Jr. was made a Filipino citizen by virtue of Opinion 191
by the Secretary of justice. However, this was revoked when his father’s
citizenship was cast aside due to fraud and misrepresentation. Charges of
deportation were filed against the Chias. Charges also alleged that they
refused to register as aliens and that they committed acts of undesirability.
The Chias said that the CID has no authority to deport them which was denied
by the CID. They filed a petition with the Supreme Court for a writ of
preliminary injunction which was dismissed for lack of merit. Their MFR was
also denied.
Earlier, Manuel Chia’s case of falsification of public documents in alleging he
was a Filipino citizen. He was alleged to have done this for the sale of real
property. The trial court acquitted him by saying that Opinion 191 was res
judicata and cant be contravened by Opinion 147. The CID set the hearing for
the deportation case against the Chias and told them to register as aliens. The
Chias tooks further action. Their petition for injunctive relief was denied by
the CFI of Manila. They also lost the appeal in the CA. The Chias was denied.
In their SC petition, they seek to set aside the CA decision. They argued that
they weren’t subject to immediate deportation, the presence of fraud in the
citizenship, the CA’s overstepping of appellate jurisdiction, and the resolution
of the SC didn’t make a ruling that the petitioner entered the Philippines by
false pretenses.
Issue: Does the CID have the jurisdiction to determine the deportation?
Held: Yes. Petition granted Hearing must be continued to determine if they
are really aliens
Ratio:
Section 37 of the Immigration act states:
SEC. 37. (a) The following aliens shall be arrested upon the warrant of the
Commissioner of Immigration or of any other officer designated by him for
the purpose and deported upon the warrant of the Commissioner of
Immigration after a determination by the Board of Commissioners of the
existence of the ground for deportation as charged against the alien:
(1) Any alien who enters the Philippines after the effective date of this Act by
means of false and misleading statements or without inspection and
admission by the immigration authorities at a designated port of entry or at
any place other than at a designated port of entry. (As amended by Sec. 13,
Rep. Act No. 503.) ...
There must be a determination of the existence of the ground charged,
particularly illegal entry into the country. Only after the hearing can the alien
be deported. Also, there must be appositive finding from the CID that they
are aliens before compelling them to register as such. This power is
the police power to protect the state from undesirable aliens injurious to the
public good.
Since the deportation is a harsh process, due process must be observed. In
the same law, it is provided that:
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.
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The acts or omissions that they are charged of must be in ordinary language
for the person to be informed and for the CID to make a proper judgment.
Also, the warrants of arrewst must be in accordance with the rules on criminal
procedure.

On the information of a private prosecutor in the case: Deportation is the sole

concern of the state. There is no justification for a private party to intervene.