Comm of Immig vs. Fernandez

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  2/23/14 CentralBooks:Reader 1/11 184SUPREME COURT REPORTS ANNOTATED Commissioner of Immigration vs. Fernandez No, L-22696, May 29, 1964.COMMISSIONER OF IMMIGRATION, petitioner, vs. HON. F. FERNANDEZ, J. RODRIGUEZ, A. CAÑIZARES,as Associate Justices of the Court of Appeals, THE COURTOF APPEALS, JUAN GARCIA and TEBAN CAOILI,respondents.  Aliens; Board of Immigration Commissioners; New board hasno power to review decision of its predecessor board.  —The law doesnot authorize a new Board of Immigration Commissioners to reviewthe decision of its predecessor board, but only that of the Board of Special Inquiry, Same; Same; Review should be made in accordance with due process.  —The review by the Board of Immigration Commissioners, if authorized, should be made in accordance with the processesestablished by law, with a view of protecting the rights of individuals, Same; Same; Same; Right to a hearing.—There  are cardinalprimary rights which must be respected even in proceedings of administrative character, the first of which. is the right to ahearing, which includes the right of the party interested or affectedto present his own case and submit evidence in support thereof  Same; Jurisdiction; Court of Appeals; Court of Appeals has jurisdiction over appeal by a citizen being deported as an alien andto order his provisional release.—The  Court of Appeals has jurisdiction to entertain an appeal and order the release on bailpending such appeal from a decision denying a petition for habeascorpus presented by a person who had been already declared aFilipino citizen but who is being- deported as an alien. ORIGINAL PETITION in the Supreme Court. Certiorariand prohibition with preliminary injunction.The facts are stated in the opinion of the Court.  2/23/14 CentralBooks:Reader 2/11   Solicitor General  for petitioner,  Yuseco & Narvasa,  for respondents.PAREDES, J  .:On June 7, 1961, Teban Caoili and his three (3) brothers, Vicente, Santos and Felipe, arrived from Hongkong onboard a CPA plane. All of them were provided withcertificate of registration and identity, issued by thePhilippine Consulate General at Hongkong. They came to join their father, Antonio Caoili, whom they claim to 185  VOL. 11, MAY 29, 1964185 Commissioner of ration : vs. Fernandez be a Filipino citizen, Their application for admission asPhilippine citizens were docketed as IC 'No. 61-1881-C to61-1884-C, and were considered by the Bureau of Immigration Board of Special Inquiry No. 1. On June 23,1961, the said Board of Special Inquiry rendered a decisionadmitting them as Filipino citizens, by birth. Under date of July 7, 1961, the then Board of Commissioners composed of Commissioner Galang and Deputy Commissioners de laRosa and Talabis, affirmed the decision of the Board of Special Inquiry, with Commissioners de la Rosa and Talabisvoting for the admission of the Caoilis, while CommissionerGalang voted for their exclusion. According to existing rulesof procedures in the Bureau, a majority vote was sufficientto sustain or reverse a ruling or decision of the Board of Special Inquiry. After the Board of Commissioners af firmedthe decision of the Board of Special Inquiry, Teban Caoiliwas issued Identification Certificate No. 1.6848 on July 10,1961, worded as fol TO WHOM IT MAY CONCERN:THIS IS TO CERTIFY THAT TEBAN CAOILI x x x male, x x x 28years old, x x x single whose picture and finger print are affixedhereto and partially covered by the seal of this Office who was bornin Amoy, Fukien, China on 4 November 1932, ex CPA plane on 7June 1961, was ADMITTED as citizen of the Philippines as perDECISION OF THE BOARD OF SPECIAL INQUIRY DATED 23JUNE 1961, DULY AFFIRMED BY THE MAJORITY MEMBERSOF THE BOARD OF COMMISSIONERS, I.C. No. 1881-C.  2/23/14 CentralBooks:Reader 3/11 x x x x x x x x x Thereafter, Teban Caoili exercised the rights andprerogatives appurtenant to Philippine citizenship; heregistered as a voter, was issued a Philippine Passport, paidhis residence taxes (A & B), filed his corresponding IncomeTax Returns, he was employed with the AVESCO, withoffices at downtown Manila, and became a member of theSocial Security System.On June 23, 1962, however, a new Board of Commissioners which replaced the old Board, due to thechange of Administration, allegedly reviewed motu proprio, pur- 186 186SUPREME COURT REPORTS ANNOTATED Commissioner of Immigration vs. Fernandez suant to the provisions of Sec. 27 (b) of the Immigration Actof 1940, as amended, the decision of the Board of SpecialInquiry, notwithstanding the fact that the same had beenalready affirmed by the old Board. By a unanimousdecision, the new Board of Commissioners, composed of Messrs, Martiniano P. Vivo, Marcial O. Rañola and VirgilioN. Gaston, voted to exclude Teban Caoili and his threebrothers, as aliens not properly documented, for admissionin accordance with the provisions of   Sec. 29 (a) (17) of thePhilippine Immigration Act of 1940, 'as amended, andordered them returned to the port whence they came or tothe country of which they were nationals. On the same date,the Commissioner (respon-dent herein) issued a Warrant of Exclusion, the pertinent portions of which, read:—  AND WHEREAS, the said Decision of the Board of Commissionersordering the deportation of TEBAN CAOILI, VICENTE CAOILI,SANTOS CAOILI and FELIPE CAOILI is final and now executory; WHEREFORE, by virtue of the authority vested in theundersigned by law, you are hereby commanded to carry out theexclusion of the above named aliens on the f irst available trans-portation to the port whence they came or to the port of the countryof which they are nationals.  After the issuance of the above Warrant of Exclusion, theOffice of the Secretary of Justice conducted an in-vestigation  2/23/14 CentralBooks:Reader 4/11 regarding the status of Teban Caoili and his brothers, andon January 25, 1968, the investigator rendered a report, thepertinent portions of which are reproduced below—  FACTS OF THE CASE: On 21 January 1963, this office received an information whichstates that TEBAN CAOILI, SANTOS CAOILI and JOSE CAOILIare not Filipino citizens, They came ,to the Philippines fromHongkong last 1961 for the first time and that the trio could noteven speak a single word of any of our dialect The father of the triois one ANTONIO CAOILI resident of 189 Mayon, Q.C. FINDINGS: On 24 Jan. 1963 Agent Nacu interviewed ANTONIO CA- 187  VOL. 11, MAY 29, 1964187 Commissioner of Immigration vs. Fernandez OILI. ANTONIO CAOILI stated that he is a Filipino born atUrdaneta, Pangasinan, the son of MARIA CAOILI, Filipina, thecommon-law wife of SO TE, Chinese. THAT in 1931 he went toChina and married ONG SUl TY, Chinese now deceased. And thatTEBAN CAOILI, SANTOS CAOILI and JOSE CAOILI are theirsons all born in Chinkiang, Fukien, China. In 1961 ANTONIOCAOILI was able to bring TEBAN CAOILI, SANTOS CAOILI andJOSE CAOILI to the Philippines from Hongkong. TEBAN CAOILI,SANTOS CAOILI and JOSE CAOILI were all declared Filipinocitizens and they were issued with corresponding Identification of Registry. RECOMMENDATION: Considering the statement given by ANTONIO CAOILI as thetruth, then this Office recommends that no case should be filedagainst TEBAN CAOILI, SANTOS CAOILI and JOSE CAOILI forthey are the legitimate sons of a Filipino father. x x x More than one (1) year after the issuance of the Warrant of Exclusion and the report of the Investigator of theDepartment of Justice, or on March 10, 1964, noon time,Teban Caoili was arrested, by virtue of the Warrant of Exclusion, by Capt. Delfin Macalinao and two CIS agents.Teban Caoili was detained at the CIS, PC compound, Camp
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