Tran van Nghia v Liwag; G.R. No. 78596; 13 Jul 1989; 175 SCRA 318

FACTS:
A complaint was filed with the Commission of Immigration and Deportation against petitioner alleging that the French national is an undesirable alien for “committing acts inimical to public safety and progress.” Respondent CID commissioner issued a warrant of arrest against petitioner after the latter twice refused to go to the CID headquarters for verification of his status.

ISSUE(S):
Whether or not the warrant of arrest issued and petitioner’s subsequent arrest were valid and legal.

RULING:
NO. Petitioner was “invited” by a combined team of CID agents and police officers at his apartment unit on the strength of a mission order issued by the Commissioner on Immigration based on a sworn complaint of a single individual. The essential requisite of probable cause was conspicuously absent.

Petition is DISMISSED.

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Category: Legal Chyme

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