G.R. No.

L-10280 September 30, 1963

QUA CHEE GAN, JAMES UY, DANIEL DY alias DEE PAC, CHAN TIONG YU, CUA CHU TIAN, CHUA LIM
PAO alias JOSE CHUA and BASILIO KING, petitioners-appellants,
vs.
THE DEPORTATION BOARD, respondent-appellee.

FACTS:
The Court of First Instance denied the petition for writs of habeas corpus, mandamus and certiorari by the
petitioners.
On May 12, 1952, Special Prosecutor Emilio L. Galang charged petitioner before the Deportation Board. The
crimes:

 Purchasing $130,000 with license from Central Bank and remitted it to Hong Kong
 Attempted bribery of Phil and US officials.
In effect, Deportation Board issued a warrant of arrest for petitioner (E.O. No 398, series of 1951). Upon fixing of
bonds, petitioner was temporarily set free.

ISSUE/S:

1. Whether or not the President has authority to deport aliens.

2. Whether or not the Deportation Board also has authority to file warrants of arrest.

HELD:

1. YES
Section 69 of Act NO. 2711 of the Revised Administrative Code – Deportation of subject to foreign power. — A
subject of a foreign power residing in the Philippines shall not be deported, expelled, or excluded from said Islands
or repatriated to his own country by the President of the Philippines EXCEPT UPON PRIOR INVESTIGATION,
conducted by said Executive or his authorized agent, of the ground upon which Such action is contemplated. In
such case the person concerned shall be informed of the charge or charges against him and he shall be allowed
not less than these days for the preparation of his defense. He shall also have the right to be heard by himself or
counsel, to produce witnesses in his own behalf, and to cross-examine the opposing witnesses.”

* In effect, the President (Quezon, May 29, 1936) created the Deportation Board to conduct investigations.

2. Yes but only after investigation has resulted to the actual order of deportation. Arrest would have been necessary
for deportation to take effect. However, in the case at bar, investigations were still ongoing and no order for
deportation was yet made. Decision: E.O. No 398, series of 1951: declared illegal

Deportation may be effected in 2 ways:

1. by order of President, after due investigation, pursuant to Section 69 of the RAC
2. by Commissioner of Immigration, upon recommendation by the Board of Commissioners under Section
37 of Commonwealth Act No. 613
Crime was an act profiteering, hoarding or blackmarketing of US dollars.