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    Lao Gi Vs Ca

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    Josel Santiago
    1) This document discusses the constitutional right to due process in deportation proceedings. 2) While deportation proceedings are administrative and not criminal, they affect the liberty of individuals, so constitutional due process protections apply. 3) Specifically, the rules of criminal procedure in the Philippines are applicable to deportation cases to protect a person's right to due process.

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    Lao Gi Vs Ca

    Uploaded by

    Josel Santiago
    219 views2 pages
    1) This document discusses the constitutional right to due process in deportation proceedings. 2) While deportation proceedings are administrative and not criminal, they affect the liberty of individuals, so constitutional due process protections apply. 3) Specifically, the rules of criminal procedure in the Philippines are applicable to deportation cases to protect a person's right to due process.

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    lao gi vs ca

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    1) This document discusses the constitutional right to due process in deportation proceedings. 2) While deportation proceedings are administrative and not criminal, they affect the liberty of individuals, so constitutional due process protections apply. 3) Specifically, the rules of criminal procedure in the Philippines are applicable to deportation cases to protect a person's right to due process.

    Copyright:

    © All Rights Reserved
    Download as PDF, TXT or read online from Scribd
    Download as pdf or txt
    219 views2 pages

    Lao Gi Vs Ca

    Uploaded by

    Josel Santiago
    1) This document discusses the constitutional right to due process in deportation proceedings. 2) While deportation proceedings are administrative and not criminal, they affect the liberty of individuals, so constitutional due process protections apply. 3) Specifically, the rules of criminal procedure in the Philippines are applicable to deportation cases to protect a person's right to due process.

    Copyright:

    © All Rights Reserved
    Download as PDF, TXT or read online from Scribd
    Download as pdf or txt
    of 2

    FACTS WHICH MUST BE SHOWN IN DEPORTATION PROCEEDINGS

    SUBJECT: Constitutional Law II

    Lao Gi vs CA
    G.R. No. 81798, December 29, 1989
    GANCAYCO, J.:

    DOCTRINE:
    A deportation proceeding does not partake of the nature of a criminal action,
    however, considering that it is a harsh and extraordinary administrative proceeding
    affecting the freedom and liberty of a person, the constitutional right of such person to
    due process should not be denied. Thus, the provisions of the Rules of Court of the
    Philippines particularly on criminal procedure are applicable to deportation
    proceedings.

    FACTS:
    Herein petitioner faces a charge for deportation when a judgment was rendered
    cancelling his citizenship (obtained from a prior judgment) on the ground that it was
    founded on fraud and misrepresentation. Petitioners were required to register as aliens
    but refused. They filed a motion for reconsideration of the of the order directing them to
    register as aliens and to oppose the motion for their arrest but was denied by Acting
    Commissioner Nituda. Petitioners filed for certiorari in the CFI of Manila which was
    dismissed fo lack of legal basis. Petition for certiorari was also dismissed on appeal in
    the CA and a motion for reconsideration was also denied. Hence, the present petition.

    ISSUES:
    1. Whether or not petitioners are entitled to the right to due process even if they are
    aliens.

    RULING:
    1. The power to deport an alien is an act of the State. It is an act by or under the
    authority of the sovereign power. It is a police measure against undesirable
    aliens whose presence in the country is found to be injurious to the public
    good and domestic tranquility of the people.
    2. Under Section 37(c) of the Philippine Immigration Act of 1940 as amended, it
    is provided:

    c)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.

    Hence, the charge against an alien must specify the acts or omissions complained
    of which must be stated in ordinary and concise language to enable a person of
    common understanding to know on what ground he is intended to be deported
    and enable the CID to pronounce a proper judgment.

    Petition is hereby granted and the questioned order of the respondent
    commission on immigration and deportation is hereby set aside.

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