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.
