Admin 86 Vivo v Montesa

86 Vivo, Commissioner of Immigration (COI) v Montesa, Judge of CFI Warrants of Arrests, Administrative Searches | 29 Jul 1968 | Reyes, JB, J! "ature of #ase$ %ri&inal 'etition for certiorari, 'rohi(ition )ith 'reliminary in*unction +i&est maer$ A-., Ale/yss .! S0AR$ .rivate res'ondents )ere the su(*ect of a de'ortation 'roceedin& and their arrest )as ordered (y the #%- so that they may sho) cause )hy the should not ( e de'orted! 3he S# ruled that the arrest )as null and void as the issuance of )arrants of arrest for the 'ur'ose of 'reliminary 'roceedin&s are )ithin the e/clusive *urisdiction of the court! 3he #%- may only authori4e the arrest )hen it has already (een determined that the 'ersons are aliens and should (e de'orted! +%#3R-"5$ 3he 'o)er to determine 'ro(a(le cause for )arrants of arrest is limited to *ud&es e/clusivel e/clusively! y! 3he #%- has no 'o)er to authori4e authori4e the arrest arrest of su(*ects of de'ortatio de'ortation n 'roceedin&s )hose ille&al entry has not yet (een esta(lished! A#3S$  Juan, .edro, arcelo and and Julio #alacday arrived in the .hili''ines .hili''ines from 7on& on& on 8 "ov 199, follo)ed (y Jose, anuel and Benito #alacday on 6 +ec 199 Both 'arties sou&ht admission as ili'ino citi4ens! : and 11 +ec 199 ; A (oard of s'ecial in issued them identification certificates as ili'ino citi4ens, )ith the notation that there admission )as (y virtue of the results of the investi&ation and the a''roval of the Board of #ommissioners! e( 196? ; -saac #alacday confessed that none of the : )ere his sons! ar 196? ; -saac retracted the confession in an investi&ation (y the +e'artment of  Justice =+%J> and said that it )as out of an&er that he disclaimed 'aternity as they refused to &ive him money! 9 ay 196? ; #ommissioner ariano @ivo issued )arrants of arrest for de'ortation a&ainst the : on the (asis of Section ?: =a> =1> and Section ?: =a> =2> in relation to Section 29 =a> =1:> of the .hili''ine -mmi&ration Act of 19! 1 3he )arrants directed they are to (e (rou&ht to the #%- to sho) cause )hy they should not (e de'orted! anuel #alacday )as arrested )hile the others remained at lar&e! 26 A'r 196 ; 3he C(rothersC filed a 'etition )ith the 'rayer to restrain the arrest, to release anuel and to 'rohi(it the de'ortation on the (asis of the claim that they )ere ili'ino citi4ens! #ommis #om missio sioner ner @ivo @ivo sou&ht sou&ht the dismis dismissal sal of the 'etiti 'etition on and alle&e alle&ed d that that the a''ro'riate remedy is a 'etition for a )rit of ha(eas cor'us! 2: ay 196 D 3# ruled in favour of the : and stated that$ 3he remedy of )rit of ha(eas cor'us is only a''lica(le to those already o arrested and that certiorari and 'rohi(ition )ill lie! 3he #ommissioner #ommissioner cannot summarily summarily order the arrest and de'ortation de'ortation o )ithout &ivin& them a chance to (e heard! anuel and any other )ho may (e similarly detained (e released! A (ond o )ill (e 'osted to &uarantee the a''earance of the : durin& the investi&ation -SS05ES F RA3-%$ 1! W%" trial court erred in restrainin& the de'ortation 'roceedin&sG5S a! +e'ort +e'ortati ation on 'roceedi 'roceedin&s n&s are )ithin )ithin the *urisd *urisdict iction ion of the -mmi&ra -mmi&ratio tion n authorities (y virtue of Sections 28 and ?: of the .hili''ine -mmi&ration Act =#A "o! 61?>, )hich cannot (e tolled (y mere claim of citi4enshi'!

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If Immigrat Immigration ion officer officerss have have reiab reiabe e evidence evidence negati negating ng the caim of Fii!ino citi"enshi!, the officers shoud be given a chance to investigate before before the courts courts,, in the e#ercis e#ercise e of the $udicia $udicia !o%er !o%er of revie% revie% of administrative decisions, interfere. c! -t )ould )ould (e in the sound *udici *udicial al discret discretion ion to allo) allo) the res'ond res'ondent entss to continue the 'roceedin&s already (e&un (y them until they have determined )hether or not the 'etitioners are aliens! 3heir decision on the