and Jalal did falls under Sec. 37(a)(9) in relation to Secs.

45 and 46 (Read
11. Rosas v. Montor (Vi) #6 Ratio) where a foreigner who enters the country using fraudulent
Oct. 14, 2015|Villarama, Jr., J. | Act of State documents should be charged and deported. Rosas was supposed to do this
PETITIONER: Geronimo S. Rosas but did not and instead allowed them to be escorted by security guards to
RESPONDENTS: Dilausan Montor and Imraali M. Sabdullah go back to Iran. However, he did not have them arrested and formally
SUMMARY: Jafar and Jalal used counterfeit or tampered Mexican and charged. Thus, he is guilty of grave misconduct.
Italian passports and used falsified names. They arrived in the Philippines,
went to Japan where they were discovered and their fake passports DOCTRINE:. The power to deport aliens is an act of State, an act
confiscated, then sent back to the Philippines where they were detained. done by or under the authority of the sovereign power. It is a police
Five days after (Dec. 19), they were released from detention and escorted measure against undesirable aliens whose continued presence in the
by security guards to Mactan Cebu International Airport to be deported to country is found to be injurious to the public good and the domestic
Iran via Malaysia. Imra-Ali Sabdullah and Dilausan S. Montor, employees tranquility of the people.
of the Bureau of Immigration (BI), filed a complaint against the guards
and Rosas for grave misconduct with the Office of the Ombudsman who
ruled that there was grave misconduct. Rosas allegedly irregularly and FACTS:
anomalously handled and disposed of the case involving two restricted
Iranian nationals by allowing them to leave the country without initiating
1. On Dec. 7, 2004, Jafar Saketi Taromsari (Jafar) and Jalal Shokr Pour
any proceeding for violation of immigration laws. During the
Ziveh (Jalal), both Iranian nationals, arrived in the Philippines at the
investigation, Jafar and Jalal admitted that they used falsified documents.
Mactan-Cebu International Airport (MCIA). After staying in a hotel in
Issue: Whether the act of releasing the two Iranian nationals without
Cebu City for a few days, they left for Narita, Japan on Dec. 14, 2004.
initiating any case for violation of immigration laws despite the results
2. On December 16, 2004, Japanese immigration authorities discovered
of the investigation undertaken constitute gross misconduct – YES.
that Jafar and Jalal had counterfeit or tampered Mexican and Italian
Every sovereign power has the inherent power to exclude aliens from its
passports and used falsified names.
territory upon such grounds as it may deem proper for its self-preservation
3. In a Memorandum addressed to BI Commissioner Alipio F. Fernandez,
or public interest. In the Philippines, aliens may be expelled or deported
the petitioner, Geronimo S. Rosas, Senior Immigration Officer and
from the Philippines on grounds and in the manner provided for by the
Alien Control Officer of Cebu Immigration District Office, who was
Constitution, the PIA of 1940, and administrative issuances. Exclusion
then also designated as Regional Director, gave a report that Jafar and
and deportation are formal removal procedures which ultimately results to
Jalal were boarded back to MCIA after being caught by Japanese
an alien's removal from the territory provided for separately under Section
authorities. Also, the investigation showed that they admitted that they
29 and 37 of the PIA. Exclusion is the authorized removal of an alien
bought the Italian and Mexican passports from a certain "KURAM" in
by immigration officers of any foreigner arriving in the Philippines
Iran and paid US$3,000 at US$1,500.00 each to go to Japan and work
who, upon inspection and prior to entry or admission, is barred by
there considering that Taromsari had worked there before for 3 years
immigration laws, rules and regulations from entering or being
and earned a lot until he was caught and deported. The names they
admitted to the Philippines. Deportation proceedings, on the other hand,
used were MARCO RABITTI and JAIME HUMBERTO NECIARES
are governed by Sections 37 to 39 of the PIA. The power to deport aliens
GARCIA.
is an act of State, an act done by or under the authority of the
4. An Exclusion Order was issued against them on grounds of "Not
sovereign power. It is a police measure against undesirable aliens
Properly Documented" and "No Entry Visa”.
whose continued presence in the country is found to be injurious to
5. On December 19, 2004, Taromsari and Ziveh were released from
the public good and the domestic tranquility of the people. What Jafar
detention and brought by security guards, Napilot and Ugarte, to the
 MCIA for deportation. They were allowed to leave for Tehran, Iran via 10. In this petition, Rosas reiterates that he cannot be held administratively
Kuala Lumpur, Malaysia on board Malaysian Air Lines. liable for a validly issued exclusion order which is an examining
6. Imra-Ali Sabdullah and Dilausan S. Montor, employees of the Bureau immigration officer's function under the PIA of 1940. He asserts that
of Immigration (BI), Cebu, filed a complaint- before the OMB against there was lack of substantial evidence to hold him liable for giving
Napilot and Ugarte for grave misconduct, violation of Section 3(e) of unwarranted benefit to the Iranian nationals. On the other hand, the
RA No. 3019 and conduct prejudicial to the interest of public service. OSG argues that Section 37 of the PIA of 1940 mandates the BI to
They also claimed that Rosas irregularly and anomalously handled and arrest aliens who enter the Philippines by false means and misleading
disposed of the case involving two restricted Iranian nationals by statements. The two Iranian nationals were held in detention not for the
allowing them to leave the country without initiating any proceeding lack of entry visas but for using falsified documents when they entered
for violation of immigration laws considering that said aliens were the Philippines on December 7, 2004 and left Japan on Dec. 14.
potential threats to the country's national interest and security. It was ISSUE:
further contended that the Iranian nationals should have been charged 1. Whether the act of releasing the two Iranian nationals without
for deportation because they violated Section 37 (a) (9), in relation to initiating any case for violation of immigration laws despite the
Sections 45 and 46 of PIA. results of the investigation undertaken constitute gross
7. Rosas asserted that he should not be made liable for acts that do not fall misconduct – YES
within his area of responsibility. He pointed out that it is the RATIO:
immigration officers who are in charge of primary inspection of 1. Every sovereign power has the inherent power to exclude aliens
incoming and outgoing passengers as well as the determination of from its territory upon such grounds as it may deem proper for its
whether a passenger should be excluded, and the management, control self-preservation or public interest. In the Philippines, aliens may
and supervision of such duties pertain to the Head Supervisor, Mr. be expelled or deported from the Philippines on grounds and in the
Casimiro P. Madarang III. He also said he did not have prior manner provided for by the Constitution, the PIA of 1940, as
knowledge of the two Iranian nationals' previous entry to the country as amended, and administrative issuances pursuant thereto.
he was not at the MCIA on that particular date and time of their first 2. Section 10 of the PIA of 1940 requires non-immigrants to present
arrival in the Philippines. their unexpired passports and valid passport visas to immigration
8. Rosas contended that Jafar and Jalal were proper subjects for exclusion officers. Pursuant to their powers as outlined in Section 6 of the
under Section 29(a)(17) since they used Iranian passports without the PIA of 1940, the examining immigration officer determines
requisite Philippine entry visas when they arrived on Dec. 16. The whether the non-immigrant is qualified to enter the Philippines
counterfeit Italian and Mexican passports were confiscated by the based on Section 29 (a). If the alien holds none of the
Japanese Immigration authorities. Such use of Iranian passports disqualifications as stated in Section 29, he may be admitted entry
without entry visas served as the basis for their exclusion from our barring other circumstances that might affect his entry. If the
country. He denied giving preferential treatment to them and said he immigration officer determines that an alien possesses any of the
reported to the BI Commissioner that they violated Section 29(a)(17) of disqualifications under Section 29, the immigration officer is
the PIA and recommended placing them both in the Blacklist. authorized to issue an exclusion order.
9. The OMB decided that Rosas committed grave misconduct. By 3. Exclusion and deportation are formal removal procedures which
releasing the two, Rosas showed manifest partiality, evident bad faith ultimately results to an alien's removal from the territory provided
and gross inexcusable negligence. Rosas’ claim that he had no prior for separately under Section 29 and 37 of the PIA.
knowledge of the unlawful entry was belied by his December 17, 2004 4. Under Philippine immigration laws, exclusion is the authorized
Memorandum. Napilot and Ugarte were acquitted as they merely acted removal of an alien by immigration officers, performing
on Rosas's orders and no evidence was presented to suggest that they primary inspection, or by the immigration boards of special
were in conspiracy with him. The MR of Rosas was also denied. inquiry, by secondary inspection, of any foreigner arriving in
 the Philippines who, upon inspection and prior to entry or 2004 that he came to know of the Iranian nationals' detention for
admission, is barred by immigration laws, rules and illegal entry into the Philippines, official log book records show
regulations from entering or being admitted to the Philippines. that Rosas, along with security guards Napilot and Ugarte, brought
When an alien is excluded he is immediately sent back to the the two Iranian nationals to their detention cell on the same night
country where he came from on the same vessel which transported of their arrival from Japan on December 16, 2004 and detained
him, unless in the opinion of the Commissioner of Immigration them there for 3 days.
such immediate return is not practicable or proper. Under certain 9. Custody over the two Iranian nationals caught violating our
circumstances, when an alien is excluded, Section 25 of the PIA of immigration laws was simply handed over by Rosas to the two
1940 authorizes the alien's detention until such time it is security guards whom he later instructed to escort to the airport to
determined that he is qualified for entry and/or admission. depart for Malaysia. In failing to initiate the proper proceedings
5. Deportation proceedings, on the other hand, are governed by against the Iranian nationals and allowing them to escape criminal
Sections 37 to 39 of the PIA. The power to deport aliens is an charges and thorough investigation for possible terrorist activities
act of State, an act done by or under the authority of the or human trafficking, Rosas displayed a blatant disregard of
sovereign power. It is a police measure against undesirable established immigration rules making him liable for grave
aliens whose continued presence in the country is found to be misconduct that warrants his removal from the service.
injurious to the public good and the domestic tranquility of the
people.
6. Section 37(a)(9) provides that an alien who commits the acts in
Sec. 45 and 46 shall be arrested and deported upon the warrant of
the Commissioner of Immigration after a determination by the
Board of Commissioners of the existence of the ground for
deportation. The acts in Sec. 45 include those who “obtains,
accepts or uses any immigration document, knowing it to be false.”
Sec. 46 also states that any individual not lawfully entitled to enter
under immigration laws or obtains entry into the Philippines by
willful, false, or misleading representation or willful concealment
of a material fact, shall be guilty of an offense and fined P5k-P10k,
imprisoned 5-10 years or deported if an alien.
7. Jafar and Jalal confessed to have knowingly used falsified
passports and obtained entry into the Philippines by using the
fraudulent immigration documents, both of which are grounds for
deportation proceedings. Upon being questioned why they were
sent back from Japan, they admitted that they entered the
Philippines previously using fraudulent passports. Having admitted
this, they should have been ordered arrested and formally charged
with violation of Section 37(a)(9) in relation to Section 45(c) and
(d). Deportation proceedings should have been initiated.
8. Instead of filing the appropriate criminal charge as mandated by
law, Rosas allowed Jafar and Jalal to depart and return to Tehran
via Malaysia. While claiming that it was only on December 17,