Board of Commissioners, CID v de la Rosa; G.R. Nos. 95122-23; 31 May 1991; 197 SCRA 853

in Legal Chyme by

The then Secretary of Justice issued a memorandum directing the Board of Commissioners to review all cases where entry was allowed on the ground that the entrant was a Philippine citizen, including that of respondents Gatchalian. Petitioner Board reversed the decision of the Board of Special Inquiry admitting respondents Gatchalian as Filipino citizens. Petitioner Commissioner of Immigration issued a mission order commanding the arrest of respondent William Gatchalian.

Whether or not the warrant of arrest issued by Commissioner of Immigration was valid.

NO. A warrant of arrest issued by the Commissioner of Immigration, to be valid, must be for the sole purpose of executing a final order of deportation. A warrant of arrest issued by the Commissioner of Immigration for purposes of investigation only is null and void for being unconstitutional. A reading of the mission order/warrant of arrest issued by the Commissioner of Immigration clearly indicates that the same was issued only for purposes of investigation of the suspects, respondent Gatchalian included.

Petition is DISMISSED for lack of merit.

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