Go Tek v. Deportation Board GR No. L-46240, November 3, 1939

Facts: Go Tek was to be deported as an undesirable alien for being an alleged sector commander and intelligence and record officer of a guerilla unit in Sta. Cruz, Manila.

Fake dollar checks were found on him in violation of RPC 168 (illegal possession and use of false treasury or bank notes and other instruments of credit)

Go Tek filed MD, Board has no jdxn in view of the obiter in Qua Chee Gan (aliens can only be deported on grounds specified by law)

Go Tek filed action in CFI and a writ of preliminary injunction was issued

CFI: after hearing, granted writ of prohibition, Board to desist. Mere possession of forged dollar checks not ground for deportation under the Immigration Law. Deportation was premature. An alien should be convicted 1 year + of a crime involving moral turpitude

Issue: WoN the Deportation Board can entertain deportation proceeding based on ground not specified in the Immigration Law and although alien not yet convicted

Held: Yes, the Board has jdxn to investigate Go Tek for illegal possession and alleged guerilla activities. The charge was not premature.

Di applicable ang QCG. Qua Chee Gan: in EO No. 398, of 1951, the Deportation Board to issue a warrant of arrest upon the filing of formal charges against an alien, is "illegal" or unconstitutional because it is contrary to 1935 Constitution that warrants shall issue only by JUDGE.

2 ways of deporting: (1) by order of the President, after due investigation, pursuant to RAC sec. 69 and (2) by the Commissioner of Immigration upon recommendation of the Board of Commissioners under immigration Law, sec. 37

The State has the inherent power to deport undesirable aliens. That power may be exercise by the Chief Executive "when he deems such action necessary for the peace and domestic tranquility of the nation. When the Chief Executive finds that there are aliens whose continued in the country is injurious to the public interest he may, even in the absence of express law, deport them.

RAC Sec. 69 and EO 398 do not specify the grounds for deportation. EO 398 merely provides that "the Deportation Board, motu proprio or upon complaint of any person is authorized to conduct investigations in the manner prescribed in section 69 of the RAC to determine whether a subject of a foreign power in the Philippines is an undesirable alien or not, and thereafter to recommend to the President of the Philippines the deportation of such alien."

The Chief Executive is the sole and exclusive judge of the existence of facts which warrant the deportation of aliens as disclosed in an investigation conducted in accordance with 69. No other tribunal is at liberty to reexamine or to controvert the sufficiency of the evidence on which he acted.

The fact that an alien has been acquitted in a of the charge does not prevent the deportation of such alien based on the same charge. Such acquittal does not constitute res judicata in the deportation proceedings. Conviction of a crime is not n to warrant deportation. (sorry copy paste sa lawphil medyo bano ang lawphil)

The Deportation Board could take cognizance of the charge of illegal importation against an alien as a ground for deportation, even if he of the Deportation Board is merely recommendatory. The Chief Executive has to approve the board's recommendatory Abuses or rents committed by the prosecutor or by the Board should first be brought to his attention.

Reversed and set aside. WPI dissolved. Remanded to Deportation Board for further proceedings