CASE DIGEST
Facts:
Chan Sau Wah, a Chinese citizen born in
Fukien, China arrived in the Philippines on November 1961 to visit her cousin,
Samuel Lee Malaps. She left China and her children by a first marriage: Fu Tse
Haw and Fu Yan Kai both minors, in the care of neighbors in Fukien, China. Chan
Sau wah arrived in the Philippines with Fu Yan Fun, her minor son also by the
first marriage. Chan Sau Wah and her minor son Fu Yan Fun were permitted only
into the Philippines under a temporary visitor's visa for two months and after
they posted a cash bond of 4,000 pesos. On January 1962, Chan Sau Wah married
Esteban Morano, a native-born Filipino citizen. Born to this union on September
1962 was Esteban Morano, Jr. To prolong their stay in the Philippines, Chan Sau
Wah and Fu Yan Fun obtained several extensions. The last extension expired on
September 10, 1962. In a letter dated August 31, 1962, the Commissioner of
Immigration ordered Chan Sau Wah and her son, Fu Yan Fun, to leave the country
on or before September 10, 1962 with a warning that upon failure so to do, he
will issue a warrant for their arrest and will cause the confiscation of their
bond.
Issue: Whether or Not the issuance of
the warrant of arrest is unconstitutional.
Ruling:
Chan
Sau Wah entered the Philippines on a tourist-temporary visitor's visa. She is a
non-immigrant. Under Section 13 just quoted, she may therefore be admitted if
she were a qualified and desirable alien and subject to the provisions of the
last paragraph of Section 9. Therefore, first, she must depart voluntarily to
some foreign country; second, she must procure from the appropriate consul the
proper visa; and third, she must thereafter undergo examination by the
officials of the Bureau of Immigration at the port of entry for determination
of her admissibility in accordance with the requirements of the immigration
Act..
Warrants
of arrest may be issued by administrative authorities only for the purpose of
carrying out a final finding of a violation of law, like an order of
deportation or an order of contempt, and not for the sole purpose of
investigation or prosecution. It is also held that the requirement of probable
cause is not applicable in deportation proceedings, which are not criminal in
nature. The order of deportation is purely administrative, its purpose being
not punishment but the return to his country of the alien who has violated the
conditions for the admission to the local state.
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