42 Article II, Section 1, ROSAS vs MONTOR

GERONIMO ROSAS vs. DILAUSAN MONTOR and IMRA-ALI M. SABDULLAH

GR No. 204105
Decided: October 14, 2015
Penned: J. Villarama

Fact: Two Iranian arrived in the Philippines at Mactan Cebu International Airport (MCIA) and
stayed in Cebu before proceeding to Japan. For using fraudulent passports and lack of entry visa,
the Japanese immigration authorities denied entry to the two Iranians and sent them back to the
Philippines. Rosas, Senior Immigration Officer, issued an exclusion order against the two.
Respondents alleged that petitioner irregularly and anomalously handled and disposed of the case
by issuing exclusion order instead of undergoing deportation proceedings.

Issue: Whether or not there petitioner’s act of releasing the 2 without initiating any case
constitute gross misconduct?

Ruling: Yes, the petitioner had the duty under the law to oversee the filing of criminal actions
and deportation proceedings. The power to deport aliens is an act of done by or under the
authority of the sovereign power. It is a police measure against undesirable aliens whose
continued presence in the country is found to be injurious to the public good and the domestic
tranquility of the people. By failing to initiate the proper proceedings, it allowed them to escape
criminal charges and thorough investigation for possible terrorist activist or human trafficking.

Main Point: The power to deport aliens is an act of done by or under the authority of the
sovereign power. It is a police measure against undesirable aliens whose continued presence in
the country is found to be injurious to the public good and the domestic tranquility of the people.