PMN Case Digest

TOPIC:
“People” as Inhabitants

CASE:
Qua Chee Gan vs. Deportation Board
30 September 1963
GR No. L-10280

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.