Kiani vs. BID

JEANY-VI G. KIANI vs.
THE BUREAU OF IMMIGRATION
483 SCRA 341, G.R. No. 160922 February 27, 2006
CALLEJO, SR., J.:
DOCTRINE: Habeas corpus is not in the nature of a writ of error, nor is it intended as substitute
for the trial court’s function—it cannot take the place of appeal, certiorari or writ of error.
FACTS:
This is a Petition for Review on Certiorari for the nullification of the decision1 of the Court of
Appeals (CA) in dismissing the appeal of Jeany-Vi G. Kiani, which assailed the Order of the
Regional Trial Court (RTC) of Manila in Special Proceedings dismissing her Petition for Habeas
Corpus.
On June 19, 2002, Javed Kiani, a British national but a Pakistani by birth reported to the
Rodriguez, Rizal Police Station that his friends, Iqbal and Balbir Singh had been forcibly taken
by four (4) armed men from their residence.
A couple of days later, Bureau of Immigration and Deportation (BID) issued Mission Order
based on Executive Order of former President Joseph Estrada. In said Order, appropriate officers
of the Bureau were directed to conduct verification/validation of the admission status and
activities of Javed Kiani, and, if found to have violated the Philippine Immigration Act of 1940,
as amended, to immediately place him under arrest. Per records of the BID, Javed Kiani was
married to a Filipina, Jeany-Vi Kiani and he was admitted as an immigrant and was issued a
permanent resident visa.
A week later, Javed Kiani was arrested. The arresting officers, operatives of the Bureau of
Intelligence of the BID, relied on information from Iqbal and Balbir Singh, who pointed to Javed
Kiani as the one who had furnished them with fake Alien Certificate Registration (ACR) and
Immigrant Certificate Registration (ICR).
The BID Prosecutor filed a Charge Sheet against “Javed Kiani alias Ahmad Singh” before the
Board of Special Inquiry (BSI) for violation of the Philippine Immigration Act. On the same day,
the Board of Commissioners (BOC) conducted a summary proceeding and issued a Summary
Deportation Order revoking the visa.
The next day, Javed Kiani’s wife, Jeany-Vi, filed a Petition for a Writ of Habeas Corpus for and
in behalf of her husband before the RTC of Manila, naming the BID and its intelligence officers
as respondents.
The RTC issued an Order granting bail for Javed Kiani and ordered respondent BID Intelligence
Officers to file their return on the writ. The respondents complied, and alleged in their return that
Javed Kiani had already been charged before the BOC and ordered deported; hence, the petition
had become moot and academic. They refused to release Kiani although the bond had already
been posted. Instead, the respondents, through the Office of the Solicitor General (OSG), filed an
Omnibus Motion for the reconsideration.
The RTC issued an Order granting the motion and setting aside its Order. In dismissing the
petition, it ruled that Jeany-Vi was barred from questioning the legality of the arrest and
detention of her husband, following the filing of the Charge Sheet with the BSI; as such, there
was no justification for the issuance of a writ of habeas corpus. It declared that, Javed Kiani was
lawfully charged with violation of the Philippine Immigration Act of 1940, as amended; hence,
the Summary Deportation Order issued by the BOC was valid.
Jeany-Vi appealed the RTC’s Order to the CA.
ISSUE:
Whether or not writ of Habeas of Corpus be allowed when the party sought had been charged
before any court.
RULING:
On the merits of the petition, the Court find and so rule that the CA acted in accord with
jurisprudence when it affirmed the assailed Order of the RTC dismissing the Petition for Habeas
Corpus. As the Court held in Caballes v. Court of Appeals,
“Habeas corpus is not in the nature of a writ of error; nor intended as substitute for the trial
court’s function. It cannot take the place of appeal, certiorari or writ of error. The writ cannot
be used to investigate and consider questions of error that might be raised relating to procedure
or on the merits. The inquiry in a habeas corpus proceeding is addressed to the question of
whether the proceedings and the assailed order are, for any reason, null and void. The writ is
not ordinarily granted where the law provides for other remedies in the regular course, and in
the absence of exceptional circumstances. Moreover, habeas corpus should not be granted in
advance of trial. The orderly course of trial must be pursued and the usual remedies exhausted
before resorting to the writ where exceptional circumstances are extant. In another case, it was
held that habeas corpus cannot be issued as a writ of error or as a means of reviewing errors of
law and irregularities not involving the questions of jurisdiction occurring during the course of
the trial, subject to the caveat that constitutional safeguards of human life and liberty must be
preserved, and not destroyed. It has also been held that where restraint is under legal process,
mere errors and irregularities, which do not render the proceedings void, are not grounds for
relief by habeas corpus because in such cases, the restraint is not illegal.”
The remedy of petitioner was to file a motion for the dismissal of the Charge Sheet and the
Mission Order of the Immigration Commissioner, not a petition for a writ of habeas corpus
before the RTC. The RTC had no authority to nullify the Mission Order issued by the
Immigration Commissioner, much less set aside the arrest of Javed Kiani.
Once a person detained is duly charged in court, he may no longer question his detention through
a petition for issuance of a writ of habeas corpus. His remedy would be to quash the information
and/or the warrant of arrest duly issued. The writ of habeas corpus should not be allowed after
the party sought to be released had been charged before any court. The term “court” includes
quasi-judicial bodies like the Deportation Board of the Bureau of Immigration.
IN LIGHT OF ALL THE FOREGOING, the petition is DENIED for lack of merit. Costs against
the petitioner.
SO ORDERED.

Kiani vs. BID

Uploaded by

Copyright:

Available Formats

Kiani vs. BID

Uploaded by

Document Information

Original Description:

Original Title

Copyright

Available Formats

Share this document

Share or Embed Document

Sharing Options

Did you find this document useful?

Is this content inappropriate?

Copyright:

Available Formats

Kiani vs. BID

Uploaded by

Copyright:

Available Formats

JEANY-VI G. KIANI vs.

THE BUREAU OF IMMIGRATION

483 SCRA 341, G.R. No. 160922 February 27, 2006

CALLEJO, SR., J.:

Jeany-Vi appealed the RTC’s Order to the CA.

You might also like