QUA CHEE GAN v.

DEPORTATION BOARD (CASE DIGEST)

30 September 1963
GR No. L-10280

TOPIC:

“People” as Inhabitants

FACTS:

The Court of First Instance denied the petition for writs of habeas corpus, mandamus
and certiorari by the petitioners.
On May 12, 1952, Special Prosecutor Emilio L. Galang charged petitioner before the
Deportation Board. The crimes:

•Purchasing $130,000 with license from Central Bank and remitted it to Hong Kong
•Attempted bribery of Phil and US officials.
In effect, Deportation Board issued a warrant of arrest for petitioner (E.O. No 398, series
of 1951). Upon fixing of bonds, petitioner was temporarily set free.

ISSUE/S:

1. Whether or not the President has authority to deport aliens.

2. Whether or not the Deportation Board also has authority to file warrants of arrest.

HELD:

1. YES

Section 69 of Act NO. 2711 of the Revised Administrative Code – Deportation of subject
to foreign power. — Asubject of a foreign power residing in the Philippines shall not be
deported, expelled, or excluded from said Islands or repatriated to his own country by
the President of the Philippines EXCEPT UPON PRIOR INVESTIGATION, conducted
by said Executive or his authorized agent, of the ground upon which Such action is
contemplated. In such case the person concerned shall be informed of the charge or
charges against him and he shall be allowed not less than these 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 cross-examine the opposing
witnesses.”
* In effect, the President (Quezon, May 29, 1936) created the Deportation Board to
conduct investigations.

2. Yes but only after investigation has resulted to the actual order of deportation. Arrest
would have been necessary for deportation to take effect. However, in the case at bar,
investigations were still ongoing and no order for deportation was yet made. Decision:
E.O. No 398, series of 1951: declared illegal

Deportation may be effected in 2 ways:

1. by order of President, after due investigation, pursuant to Section 69 of the RAC

2. by Commissioner of Immigration, upon recommendation by the Board of

Commissioners under Section 37 of Commonwealth Act No. 613

Crime was an act profiteering, hoarding or blackmarketing of US dollars.