lawphil
Today Today is Sunday, July 28, 2013
Republic of the Philippines SUPREE !"URT !"URT anila
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&'R' #o' 330(2
Septe)be* 10, 1+30
R%#!-S!% !%R"#%, petitione*.appellant, petitione*.appellant, /s' -!E#TE %%#ESE, -nsula* !ollecto* of !usto)s, *espondent.appellee'
udo/ico abao fo* appellant' %tto*ney.&ene*al Ja*anilla fo* appellee'
ST%TEE#T
%s *ounds fo* habeas co*pus aainst the -nsula* !ollecto* of !usto)s, in the !ou*t of i*st i*st -nstance of anila the petitione* allees that she is of leal ae, )a**ied, and a *esident of the !ity of anila, Philippine -slands' That she was bo*n in $aao, !aayan, of ilipino ilipino pa*ents who a*e now dead' That she has b*othe*s and siste*s now li/in, so)e of the) in $aao, !aayan, while othe*s a*e li/in at
Tuuea*ao, !aayan, and that he* b*othe*, E/a*isto !a*)ona, is a p*actisin atto*ney in Tuuea*ao' That she is not a fo*eine* o* an alien, and with he* b*othe*s and siste*s, they own e4tensi/e inte*ests in the P*o/ince of !aayan' That on Janua*y 15, 1+30, she was ta6en into custody by the *espondent, and is now unlawfully detained and *est*ained of he* libe*ty by hi) at the a*ola etention !ell in the !ity of anila, without any lawful o* 7ustiable *eason' That the *espondent is unwillin to discha*e o* *elease you* petitione*, and that it was )ade 6nown to he* that she will be depo*ted to !hina by the *st a/ailable /essel, in co)pliance with the o*de* of the &o/e*no*.&ene*al dated Janua*y 19, 1+30' That you* petitione* is not a !hinese wo)an, but a nati/e bo*n ilipina' :he*efo*e, she p*ays that a w*it of habeas co*pus be issued to the she*i; of the !ity of anila and the *espondent, co))andin the) to ha/e the body of you* petitione* b*ouht befo*e this cou*t, and fo* the she*i; and *espondent to then show cause as to the unlawful detention of the petitione*, and upon the nal hea*in, she be *eleased f*o) custody'
o* a *etu*n to the w*it, the *espondent allees that the petitione* is an alien, and that afte* an in/estiation duly conducted unde* the p*o/isions of section (+ of the %d)inist*ati/e !ode, the &o/e*no*.&ene*al of the Philippine -slands found he* to be an undesi*able alien, in /iew of the fact that she is an habitual c*i)inal and been duly sentenced to $ilibid P*isons se/e*al ti)es fo* a /iolation of the laws of the Philippine -slands' That by /i*tue of such ndins, the &o/e*no*.&ene*al on Janua*y 19, 1+30, issued an o*de* dec*eein the depo*tation of the petitione*, a ce*tied copy of which is attached to, and )ade a pa*t of, this *etu*n )a*6ed E4hibit %' That the petitione* is held in custody by /i*tue of this o*de* of the &o/e*no*.&ene*al afte* )a6in the necessa*y in/estiation, and pu*suant to the powe*s and duties confe**ed upon hi) by law' That the petitione* is *est*ained of he* libe*ty b y the *espondent fo* the pu*pose of enfo*cin the o*de* of the &o/e*no*.&ene*al'
$ased upon the *etu*n, the lowe* cou*t denied the w*it, f*o) which the petitione* appealed and assins the followin e**o*s<
E**o* #o' 1' = The t*ial cou*t e**ed in holdin that the p*ope* *espondent should be the &o/e*no*.&ene*al and not the -nsula* !ollecto* of !usto)s'
E**o* #o' 2' = The t*ial cou*t also e**ed in o*de*in the dis)issal of the petition fo* habeas co*pus without t*ial on the )e*its'
E**o* #o' 3' = The t*ial cou*t also e**ed in not holdin the petitione* *ancisca !a*)ona a nati/e of the Philippine -slands and as such could not be depo*ted by the &o/e*no*.&ene*al'
E**o* #o' >' = The t*ial cou*t nally e**ed in not o*de*in the *espondent -nsula* !ollecto* of !usto)s to discha*e f*o) custody the he*ein petitione* *ancisca !a*)ona'
J"?#S, J'<
Section (+ of the %d)inist*ati/e !ode is as follows<
% sub7ect of a fo*ein powe* *esidin in the Philippine -slands shall not be depo*ted, e4pelled, o* e4cluded f*o) said -slands o* *epat*iated to his own count*y by the &o/e*no*.&ene*al e4cept upon p*io* in/estiation, conducted by said E4ecuti/e o* his autho*i@ed aent, of the *ound upon which such action is conte)plated' -n such case the pe*son conce*ned shall be info*)ed of the cha*e of cha*es aainst hi) and he shall be allowed not less than th*ee days fo* the p*epa*ation of his defense' ?e shall also ha/e the *iht to be hea*d by hi)self o* counsel, to p*oduce witnesses in his own behalf, and to c*oss.e4a)ine the opposin witnesses'
-t appea*s f*o) the *etu*n that on Janua*y 19, 1+30, the &o/e*no*.&ene*al issued an o*de*, th*ouh the !hief of Police of the !ity of anila, to the i*ecto* of P*isons, which *ecites<
:he*eas, afte* an in/estiation duly conducted in acco*dance with th e p*o/isions of section (+ of the %d)inist*ati/e !ode, it appea*s that !hinese p*isone*s ' ' ' , *ancisca !a*)ona y Siason, ' ' ' , a*e sub7ects of fo*ein powe*, *esidin in the Philippine -slands, and now conned at $ilibid P*isons fo* c*i)es<
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#ow, the*efo*e, by /i*tue of the powe*s in )e /ested, you a*e he*eby autho*i@ed and o*de*ed to depo*t the abo/e.na)ed !hina)en Aone of who) is a $*itish -ndianB f*o) the Philippine -slands, and the*eafte* to e4clude the) f*o) said -slands'
That is to say, afte* an in/estiation was duly )ade by the "Cce of the &o/e*no*. &ene*al unde* the p*o/isions of section (+ of the %d)inist*ati/e !ode, it was found that the petitione*, who was then *esidin in the Philippine -slands and conned in $ilibid, fo* c*i)es, was the sub7ect of a fo*ein powe*, and fo* such *eason she was o*de*ed depo*ted' -t )ust be conceded that, if the petitione* is in t*uth and in fact a citi@en of the Philippine -slands, she ouht not to be depo*ted' -f the petitione* is an alien, it )ust also be conceded that she ouht to be depo*ted' $e that as it )ay, unde* the p*o/isions of section (+, the powe* to depo*t is e4clusi/ely /ested in the &o/e*no*.&ene*al afte* the )a6in of an in/estiation, in which the pe*son conce*ned shall be info*)ed of the cha*es and allowed th*ee days to p*epa*e his o* he* defense, in which she shall ha/e the *iht to be hea*d by counsel, to p*oduce witnesses, and to c*oss.e4a)ine the opposin witnesses' -t appea*s f*o) the *etu*n to the w*it that afte* an in/estiation duly conducted unde* the p*o/isions of section (+, the petitione* is an alien conned in $ilibid fo* c*i)es' #otwithstandin that fact the petitione* now see6s to ha/e that sa)e Duestion t*ied and decided by the cou*ts'
-n the case of Se/e*ino /s' &o/e*no*.&ene*al and P*o/incial $oa*d of "ccidental #e*os A1( Phil', 3((B, it was held<
The cou*ts in the Philippine -slands ha/e no 7u*isdiction to inte*fe*e, by )eans of a w*it of )anda)us o* in7unction, with the &o/e*no*.&ene*al as the head of the e4ecuti/e depa*t)ent in the pe*fo*)ance of any of his oCcial acts'
-n the dissentin opinion of Justice alcol), -n *e c!ulloch ic6 A38 Phil', >1B, on pae 139, he said<
The delicacy of the Duestion is appa*ent when we co)e to *eali@e the position of the &o/e*no*.&ene*al' The "*anic aw i/es to hi) sup*e)e e4ecuti/e powe*' ?e )o*e than any one else pe*sonies so/e*einty' ?e )o*e than any one else is the &o/e*n)ent' -n the e4e*cise of his i)po*tant duties, he is *esponsible not to the cou*ts but, th*ouh the P*esident, to the so/e*ein people' %ny collision between the !hief E4ecuti/e and the hihest cou*t in the Philippines is to be deplo*ed'
This position it is u*ed )ay lea/e a pe*son without a *e)edy' The answe* is that it lea/es possible w*ons without a 7udicial *e)edy' inal decision )ust be left so)ewhe*e'
-n the case of o*bes /s' !huoco Tiaco and !*osseld A1( Phil', 93>B, in an e4hausti/e opinion this cou*t held<
1' The &o/e*n)ent of the United States in the Philippine -slands, Powe*s of' = The &o/e*n)ent of the United States in the Philippine -slands is a o/e*n)ent possessed with all the )ilita*y, ci/il, and 7udicial powe*s necessa*y to o/e*n the Philippine -slands and as such has the powe*, th*ouh its political depa*t)ent, to depo*t aliens whose p*esence in the te**ito*y is found to be in7u*ious to the public ood and the do)estic t*anDuillity of the people' epo*tation o* e4pulsion is a police )easu*e ha/in fo* its ob7ect the pu*in of the State of obno4ious fo*eine*s' -t is a so*t of national disinfectant'
2' The &o/e*no*.&ene*al' Powe*s of' = The &o/e*no*.&ene*al, actin in his political and e4ecuti/e capacity, is in/ested with plena*y powe* to depo*t obno4ious aliens whose continued p*esence in the te**ito*y is found by hi) to be in7u*ious to the public inte*est, and in the absence of e4p*ess and p*esc*ibed *ules as to the )ethod of depo*tin o* e4pellin the), he )ay use such )ethods as his oCcial 7ud)ent and ood conscience )ay dictate'
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The Duestion whethe* o* not the cou*ts will e/e* inte*/ene o* ta6e 7u*isdiction in any case aainst the chief e4ecuti/e head of the o/e*n)ent is one which has been discussed by )any e)inent cou*ts and lea*ned autho*s' They ha/e been unable to a*ee' They ha/e not been able to a*ee e/en as to what is the weiht of autho*ity, but they all a*ee, when the inte*/ention of the cou*ts is p*ayed fo*, fo* the pu*pose of cont*ollin o* atte)ptin to cont*ol the chief e4ecuti/e head of the o/e*n)ent in any )atte* pe*tainin to eithe* his political o* disc*etiona*y duties, that the cou*ts will ne/e* ta6e 7u*isdiction of such case' The 7u*isdiction is denied by the cou*ts the)sel/es on the b*oad *ound that the e4ecuti/e depa*t)ent of the o/e*n)ent is a sepa*ate and independent depa*t)ent, with its duties and obliations, the
*esponsibility fo* the co)pliance with which is wholly upon that depa*t)ent' -n the e4e*cise of those duties the chief e4ecuti/e is alone accountable to his count*y in his political cha*acte* and to his own conscience' o* the 7udicia*y to inte*fe*e fo* the pu*pose of Duestionin the )anne* of e4e*cisin the leal, political, inhe*ent duties of the chief e4ecuti/e head of the o/e*n)ent would, in e;ect, dest*oy the independence of the depa*t)ents of the o/e*n)ent and would )a6e all the depa*t)ents sub7ect to the 7udicial' Such a conclusion o* condition was ne/e* conte)plated by the o*ani@e*s of the o/e*n)ent' Each depa*t)ent should be so/e*ein and sup*e)e in the pe*fo*)ance of its duties within its own sphe*e, and should be left without inte*fe*ence in the full and f*ee e4e*cise of all such powe*s, *ihts, and duties which *ihtfully, unde* the enius of the o/e*n)ent, belon to it' Each depa*t)ent should be left to inte*p*et and apply, without inte*fe*ence, the *ules and *eulations o/e*nin it in the pe*fo*)ance of what )ay be te*)ed its political duties' Then fo* one depa*t)ent to assu)e to inte*p*et o* to apply o* to atte)pt to indicate how such political duties shall be pe*fo*)ed would be an unwa**anted, *oss, and palpable /iolation of the duties which we*e intended by the c*eation of the sepa*ate and distinct depa*t)ents of the o/e*n)ent'
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Unde* the syste) of o/e*n)ent established in the Philippine -slands the &o/e*no*. &ene*al is the chief e4ecuti/e autho*ity, one of the coo*dinate b*anches of the &o/e*n)ent, each of which, within the sphe*e of its o/e*n)ental powe*s, is independent of the othe*s' :ithin these li)its the leislati/e b*anch can not cont*ol the 7udicial no* the 7udicial the leislati/e b*anch, no* eithe* the e4ecuti/e depa*t)ent' -n the e4e*cise of his political duties the &o/e*no*.&ene*al is, by the laws in fo*ce in the Philippine -slands, in/ested with ce*tain i)po*tant o/e*n)ental and political powe*s and duties belonin to the e4ecuti/e b*anch of the &o/e*n)ent, the due pe*fo*)ance of which is ent*usted to his oCcial honesty, 7ud)ent, and disc*etion' So fa* as these o/e*n)ental o* political o* disc*etiona*y powe*s and duties which adhe*e and belon to the !hief E4ecuti/e, as such, a*e conce*ned, it is uni/e*sally a*eed that the cou*ts possess no powe* to supe*/ise o* cont*ol hi) in the )anne* o* )ode of thei* discha*e o* e4e*cise'
This decision was late* aC*)ed by the Sup*e)e !ou*t of the United States, in 22+ U' S', 9>+,1 in which that cou*t held<
:he*e the act o*iinally pu*po*ts to be done in the na)e and by the autho*ity of the State, a defect in that autho*ity )ay be cu*ed by the subseDuent adoption of the act'
The depo*tation of a !hina)an f*o) the Philippine -slands by the &o/e*no*.&ene*al p*io* to an act of the leislatu*e autho*i@in such depo*tation is to be conside*ed as ha/in been o*de*ed in pu*suance of such statute'
So/e*ein states ha/e inhe*ent powe* to depo*t aliens, and !on*ess is not dep*i/ed of this powe* by the !onstitution of the United States'
The *ound on which the powe* to depo*t aliens *ests necessitates that it )ay ha/e to be e4e*cised in a su))a*y )anne* by e4ecuti/e oCce*s'
The local o/e*n)ent of the Philippine -slands has all ci/il and 7udicial powe* necessa*y to o/e*n the -slands, and this includes the powe* to depo*t aliens'
The eislatu*e ha/in in/ested the powe* to depo*t an alien in the &o/e*no*. &ene*al afte* a hea*in and in/estiation in and of which the pe*son souht to be depo*ted shall be info*)ed of the cha*es and has the *iht to appea* both in pe*son and by counsel, and to c*oss.e4a)ine the witnesses and p*esent e/idence in his o* he* behalf, and it appea*in f*o) the *etu*n in the instant case that the o*de* to depo*t was )ade afte* an in/estiation duly conducted in acco*dance with the p*o/isions of section (+ of the %d)inist*ati/e !ode, the depo*tin o*de* was an e4ecuti/e act, the *ant of *efusal of which is in/ested alone in the &o/e*no*. &ene*al'
%s stated the law does not conte)plate that any citi@en of the Philippine -slands should be depo*ted' $e that as it )ay, afte* a co)pliance with the p*o/isions of section (+, the powe* to depo*t an alien is /ested e4clusi/ely in the &o/e*no*. &ene*al' -t is not clai)ed o* asse*ted that the in/estiation was not duly )ade in acco*d with the p*o/isions of section (+ of the %d)inist*ati/e !ode' -n othe* wo*ds, the /alidity of the *etu*n is not Duestioned' ?ence, we )ust assu)e that the o*de* was )ade afte* an in/estiation duly conducted in acco*dance with the p*o/isions of section (+ of the %d)inist*ati/e !ode, in which the &o/e*no*.&ene*al found as a fact that the petitione* was an alien conned in $ilibid P*isons, fo*
c*i)es, and that the petitione* was info*)ed of he* leal *ihts and i/en an oppo*tunity to defend' -f in t*uth and in fact the petitione* is a bona de citi@en of the Philippine -slands, she should ha/e appea*ed and )ade he* defense at the hea*in befo*e the &o/e*no*.&ene*al in who) the powe* to *ant *elief, if any, is /ested and not in the cou*ts'
:e a*e clea*ly of the opinion that the w*it should be denied' The 7ud)ent of the lowe* cou*t is aC*)ed, with costs' So o*de*ed'
%/anceFa, !'J', St*eet, alcol), illa)o*, "st*and, Ro)ualde@ and illa.Real, JJ', concu*'
ootnotes
1
>0 Phil', 1122G 95 aw' ed', +(0'
The awphil P*o7ect . %*ellano aw oundation
