DEPORTATION BOARD
J. AQUINO
NATURE
FACTS
1. It was alleged in the complaint that in December, 1963 certain agents of the National
Bureau of Investigation (NBI) searched an office located at 1439 O'Donnel Street, Sta.
Cruz, Manila believed to be the headquarters of a guerilla unit of the
"Emergency Intelligence Section, Army of the United States" and that among
those arrested thereat was Go Tek an alleged sector commander and intelligence and
record officer of that guerilla unit
2. Go Tek was arrested by the National Bureau of Investigation after a search of an
office in Sta Cruz, Manila. He was alleged to have with him at the time of the
arrest fake dollar checks in violation of Article 168 of the Revised Penal
Court which rendered him an undesirable alien.
3. The Chief Prosecutor of the Deportation filed a complaint against Go Tek with a
prayer that after the trial the Deportation Board recommend to the President of the
Philippines Go Teks immediate deportation as his presence in this country having
been, and will always be a menace to the peace, welfare, and security of the
community.
4. Go Tek filed a motion to dismiss on the ground that the complaint was premature
because there was a pending case against him and that the Board had no jurisdiction
to try the case in view of the ruling in Qua Chee Gan vs. Deportation Board, 118 Phil.
868 that aliens may be deported only on the grounds specified in the law.
5. The Board denied the motion. They reasoned that it was not necessary for an alien to
be convicted before the State can exercise its right to deport said alien. Besides the
Board is only a fact finding body whose function is to report and
recommend to the President in whom is lodged the exclusive power to
deport an alien.
6. In view of the denial of his motion to quash, Go Tek on June 10, 1964 filed in the
Court of First Instance of Manila a prohibition action against the Board
7. The CFI ruled in favor of Go Tek and issued a writ of prohibition against the Board
- The court, citing the said obiter dictum in the Qua Chee Gan case, held that
mere ion of forged dollar checks is not a ground for deportation under the
Immigration Law; that under section 37(3) of the law before an alien may be
deported, he must first be convicted and sentenced to imprisonment for a
term of one year or more for a crime involving moral turpitude; since Go Tek
had not been convicted of the offense punished in article 168, the deportation
was premature
8. Hence this appeal to the SC.
- The Boards contentions: the decision is contrary to law;
- OSG contends that the trial court erred in assuming that the President may
deport undesirable aliens only to grounds enumerated by law; in holding that
mere possession of forged dollar checks is not a ground for deportation and
that a criminal conviction is necessary, and in not finding that the Board has
jurisdiction over Go Tek's case