Friday, October 3, 2014

Rodriguez vs. Bonifacio



FACTS: 

NBI in coordination with DOLE and the Bureau of Immigration conducted simultaneous raids at the Royal Flame Club, Space World and Narcissus Club which are all located in Ermita, Manila.  As a result of which 20 female Chinese nationals were caught.  It was found out that they do not have Alien Employment Permits or Alien Employment Registration Certificates.

The Chinese Nationals were turned over to the Bureau of Immigration for custody and verification of their Alien status.  They were thereupon confined at the Bureau of Immigration Detention Center.

Ma Jing, one of those detained filed a petition for Habeas Corpus at the Pasig RTC.  Acting presiding Judge Bonifacio issued the writ.

ISSUE: 

W/N a petition for Habeas Corpus may lie despite the pending of a deportation case?

RULING:

No.  It was grievous error for respondent judge, in the face of these factual circumstances disclosed by the records, to give due course to the petition for habeas corpus despite the pendency of a deportation case.  Where the BID had not yet completed its hearing and investigation proceedings with respect to an alien and there is no showing that it is unduly delaying its decision, habeas corpus proceedings are premature and should be dismissed.

When an alien is detained by the BID pursuant to an order of deportation, as in this case where a Summary Deportation Order[i][42] had already been issued by the BID, Regional Trial Courts, have no power to release the said alien on bail even in habeas corpus proceedings, because there is no law authorizing it.





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