Qua Chee Gan vs Deportation Board
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Transcript of Qua Chee Gan vs Deportation Board
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Qua Chee Gan vs Deportation Board 9 SCRA 27 Facts: ● Petitioners were charged by Prosecutor Emilio Galang before the Deportation Board for
their unauthorized purchase of US Dollars amounting to $130,000.00. ● It is also alleged that petitioners bribed Filipino and American officers to evade prosecution
regarding their illegal acts. ● Petitioners contended that the charges do not constitute a legal ground for deportation of
an alien. ● They also added that the Deportation Board has no jurisdiction over such charges. ● Motion filed by petitioners was dismissed by the board that lead to the petitioners’
escalation of such matter to the supreme court where it was given due course. ● The Supreme Court returned the case to CFI Manila. ● CFI Manila issued a Writ of Preliminary injunction restraining the board from hearing
Deportation charges against petitioners. ● However, the Deportation board contended that they, as an agent of the President, has
jurisdiction over the charges. Issue/s:
1. WON the President has the authority to deport “undesirable” aliens. 2. WON the deportation board has the authority to issue a warrant of arrest pending
investigation of such cases. Held:
1. Yes. Section 69, Act no. 2711 of the Revised Administrative Code is a clear indication of the recognition and ratification by the legislature of the existence of such power vested in the Executive Department, provided that due investigation was held prior to the exercise of such power.
2. No. In the case at bar, the Board issued a warrant of arrest pending investigation and even fixed a bond for petitioners’ temporary release. The law provides that arrest can only be exercised after due investigation as it is necessary in enforcing the power of deportation. The Court further laid down two ways on how deportation can be effected: A.)Through the order of the President, after investigation, pursuant to section 69, Act no. 2711 of the Revised Administrative Code, and 2.) Through the Commission of Immigration upon recommendation by the Board of Commissioners under Section 37 of Commonwealth Act No, 613.