G.R. No.

82544 June 28, 1988

IN THE MATTER OF THE PETITION FOR HABEAS CORPUS OF: ANDREW HARVEY, JOHN
SHERMAN and ADRIAAN VAN DEL ELSHOUT, petitioners,
vs.
HONORABLE COMMISSIONER MIRIAM DEFENSOR SANTIAGO, COMMISSION ON
IMMIGRATION AND DEPORTATION, respondent.

In February 1988 agents of the Commission on Immigration and Deportation apprehended the accused
in their residences by virture of Mission Order issued by then Commission Miriam Defensor Santiago.
The three accused were among the 22 suspected alien pedophiles, 17 opted for self deportation while
the others were released due to lack of evidence. Only the three accused have chose to face the
deportation proceedings.

During the raid, Andrew Harvey was foud to be with two young boys, Richard was with two naked boys
inside the room while Van Del Eshout admitted that the two children have been in his care and live-in
for quite sometime.

In March 1988 deportation proceedings were constituted for their being undesirable alien.
Subsequently, warrants of arrest were issued by Commissioner Santiago against the three accused for
violation of Section 37, 45 and 46 of the Imigration Act and Sec 69 of the Administrative Act. The three
accused then filed petition for bail which was denied by the Commissioner. This resulted to the filing for
petition for writ of habeas corpus and challenging the authority of the Commissioner to issue warrant
and detain the three accused pending the determination of the probable cause

Issue: Whether or not the warrant of arrest issued by the Commissioner is valid ?

Held: Yes the warrant issued by the Commissioner of Immigration is valid. Section 37 of the Immigration
Law empowers the Commissioner of Immigration to issue warrants for the arrest of overstaying aliens is
constitutional. The requirement of probable cause, to be determined by the Judge, does not extend to
deportation proceedings. Deportation proceedings are administrative in character, summary in nature
and need not be conducted strictly in accordance with the ordinary court proceedings. It is essential
however, that the warrant issued by the Commissioner shall give the alien sufficient information about
the charges, relating the facts relied upon.

Denial of the commission to grant bail is also in order since in deportation proceedings, the right to bails
is not a matter of right but a discretion on the part of the Commissioner of Immigartaion. The
deportation proceedings do not partake the nature of a criminal action, the constitutional guarantee to
bail may not be invoked against aliens in the deportation proceedings.