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    Djumatan vs. CID GR No. 99358 January 30 1995

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    Fernan Paragas
    1) Bernard Banez married the petitioner Djumantan in Indonesia under Islamic rites in 1974. When Djumantan and their children arrived in the Philippines in 1979 and were admitted as temporary visitors. 2) Banez's first wife Marina Cabael filed a concubinage case against Djumantan which was dismissed. Banez's son Leonardo then filed a complaint to have Djumantan deported. 3) The Court ruled that the immigration department's right to deport Djumantan had prescribed as more than 5 years had passed since her illegal entry was first reported in 1980 before a deportation order was issued in 1990. The deportation order and resolution were reversed.

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    Djumatan vs. CID GR No. 99358 January 30 1995

    Uploaded by

    Fernan Paragas
    57 views2 pages
    1) Bernard Banez married the petitioner Djumantan in Indonesia under Islamic rites in 1974. When Djumantan and their children arrived in the Philippines in 1979 and were admitted as temporary visitors. 2) Banez's first wife Marina Cabael filed a concubinage case against Djumantan which was dismissed. Banez's son Leonardo then filed a complaint to have Djumantan deported. 3) The Court ruled that the immigration department's right to deport Djumantan had prescribed as more than 5 years had passed since her illegal entry was first reported in 1980 before a deportation order was issued in 1990. The deportation order and resolution were reversed.

    Original Title

    Djumatan_vs._CID_GR_No._99358_January_30_1995

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    1) Bernard Banez married the petitioner Djumantan in Indonesia under Islamic rites in 1974. When Djumantan and their children arrived in the Philippines in 1979 and were admitted as temporary visitors. 2) Banez's first wife Marina Cabael filed a concubinage case against Djumantan which was dismissed. Banez's son Leonardo then filed a complaint to have Djumantan deported. 3) The Court ruled that the immigration department's right to deport Djumantan had prescribed as more than 5 years had passed since her illegal entry was first reported in 1980 before a deportation order was issued in 1990. The deportation order and resolution were reversed.

    Copyright:

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

    Djumatan vs. CID GR No. 99358 January 30 1995

    Uploaded by

    Fernan Paragas
    1) Bernard Banez married the petitioner Djumantan in Indonesia under Islamic rites in 1974. When Djumantan and their children arrived in the Philippines in 1979 and were admitted as temporary visitors. 2) Banez's first wife Marina Cabael filed a concubinage case against Djumantan which was dismissed. Banez's son Leonardo then filed a complaint to have Djumantan deported. 3) The Court ruled that the immigration department's right to deport Djumantan had prescribed as more than 5 years had passed since her illegal entry was first reported in 1980 before a deportation order was issued in 1990. The deportation order and resolution were reversed.

    Copyright:

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

    G.R. No.

    99358 January 30, 1995

    DJUMANTAN, petitioner, 
    vs.
    HON. ANDREA D. DOMINGO, COMMISSIONER OF THE BOARD OF
    IMMIGRATION, HON. REGINO R. SANTIAGO and HON. JORGE V.
    SARMIENTO, COMMISSIONERS BUREAU OF IMMIGRATION AND
    DEPORTATION, respondents. 

    FACTS:

    Bernard Banez, husband of Marina Cabael, went to Indonesia as a contract worker.


    On April 3, 1974 he willingly accepted and converted to Islam. On May 17, 1974, he
    married petitioner Djumantan in conformity with the Islam rites. He went back to
    the Philippines.

    On January 13,1979, Petitioner and her two children arrived in Manila, declaring as
    “guess” of Banez. Banez executed an “Affidavit of Guaranty and Support” for his
    guess. Petitioner and her children were admitted to the Philippines as temporary
    visitors under Section 9(a) of the Immigration Act of 1940.

    Marina Cabael discovered the real relationship of petitioner and her husband. She
    filed a concubinage case before Municipal Trial Court of Urdaneta, Pangasinan. The
    case dismissed for lack of merit.

    Banez’s eldest son, Leonardo filed a letter of complaint with the Ombudsman, and
    subsequently referred to the Commission on Immigration and Deportation (CID) on
    the sole basis of that letter, petitioner was detained.

    The CID rendering an order revoking the Section 13(a) visa previously granted to
    the petitioner and found out that the marriage of Banez and Djumantan were
    irregular and not in accordance with the laws of the Philippines. Public respondent
    CID denied petitioner’s motion for reconsideration in their Resolution.

    Thus, this petition.

    ISSUE: Whether the power of public respondents to deport the petitioner has
    prescribed?

    HELD: The right of public respondents to deport petitioner has prescribed. The
    deportation of an alien under said clause of Section 37(a) has a prescriptive period
    and "shall not be effected . unless the arrest in the deportation proceedings is made
    within five years after the cause for deportation arises" (Immigration Act of 1940,
    Sec. 37[b]). Petitioner was admitted and allowed entry into the Philippines on
    January 13, 1979 on the basis of false and misleading statements in her application
    and in the other supporting documents submitted to the immigration authorities.
    Leonardo C. Banez first complained with the CID on November 19, 1980 about the
    manner petitioner was admitted into the country and asked for her deportation
    (Rollo, pp. 77-78). After the EDSA Revolution, he sent a follow-up letter to the CID
    requesting action on his 1980 letter-complaint (Rollo, p. 78).

    Tolling the prescriptive period from November 19, 1980, when Leonardo C. Banez
    informed the CID of the illegal entry of petitioner into the country, more than five
    years had elapsed before the issuance of the order of her deportation on September
    27, 1990.

    WHEREFORE, the petition is GRANTED and the temporary restraining order issued
    on June 4, 1991 is MADE PERMANENT.

    The Decision of the Board of Commissioners dated September 27, 1990 revoking
    the issuance of the permanent resident visa to petitioner and the Resolution dated
    January 29, 1991 are REVERSED.

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