President's power over aliens


Being the executor and implementer of laws, the President has the power over aliens.

Power to Deport. - The President shall have the power to deport aliens subject to the requirements of due process.

The power to deport aliens is lodged in the President of the Republic of the Philippines. As an act of state, it is vested in the Executive by virtue of this office, subject only to the regulations prescribed in [the] Administrative Code or to such future legislation as may be promulgated on the subject. (In Re McGulluck Dick. 38 Phil., 41)

It could not have intended that if there is not conviction for a crime of unlawful importation, or if no charges have been filed against an alien therefor, the Deportation Board may not proceed to investigate said charges against him and recommend deportation. (G.R. No. L-9621. January 30, 1957)

It must be remembered that aliens seeking entry in the Philippines do not acquire the right to be admitted into the country by the simple passage of time. When an alien, such as respondent, has already physically gained entry in the country, but such entry is later found unlawful or devoid of legal basis, the alien can be excluded anytime after it is found that he was not lawfully admissible at the time of his entry. Every sovereign power has the inherent power to exclude aliens from its territory upon such grounds as it may deem proper for its self-preservation or public interest. The power to deport aliens is an act of State, an act done by or under the authority of the sovereign power. It is a police measure against undesirable aliens whose continued presence in the country is found to be injurious to the public good and the domestic tranquility of the people. (G.R. No. 166199. April 24, 2009)

Power to Change Non-Immigrant Status of Aliens. - The President, subject to the provisions of law, shall have the power to change the status of non-immigrants by allowing them to acquire permanent residence status without necessity of visa.

Power to Countermand Decisions of the Board of Commissioners of the Bureau of Immigration. - The decision of the Board of Commissioners which has jurisdiction over all deportation cases shall become final and executory after thirty (30) days from promulgation, unless within such period the President shall order the contrary.

Power over Aliens under the General Principles of International Law. - The President shall exercise with respect to aliens in the Philippines such powers as are recognized by the generally accepted principles of international law.Under Section 8, Chapter 3, Title I, Book III of Executive Order No. 292, the power to deport aliens is vested on the President of the Philippines, subject to the requirements of due process. The Immigration Commissioner is vested with authority to deport aliens under Section 37 of the Philippine Immigration Act of 1940, as amended.

Thus, a party aggrieved by a Deportation Order issued by the Board of Commissioner (BOC) is not allowed to assail said Order in the RTC even via a petition for a writ of habeas corpus. Conformably with the ruling of the Supreme Court in Domingo v. Scheer, such party may file a motion for the reconsideration thereof before the BOC.

The Court ruled therein Domingo v. Scheer that "there is no law or rule which provides that a Summary Deportation Order issued by the BOC in the exercise of its authority becomes final after one year from its issuance, or that the aggrieved party is barred from filing a motion for a reconsideration of any order or decision of the BOC." The Court, likewise, declared that in deportation proceedings, the Rules of Court may be applied in a suppletory manner and that the aggrieved party may file a motion for reconsideration of a decision or final order under Rule 37 of said Rules. (G.R. No. 180364. December 3, 2014)

Popular Posts