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CA justice in Taiwanese deportation case: No need for TRO


The head of the Court of Appeals division handling the petition of six of the 14 Taiwanese deported to China has said that the court need not issue a temporary restraining order (TRO) when it issued the writ of habeas corpus directing the Immigration authorities to produce the six Taiwanese before the court. In an interview with reporters on Thursday, Associate Justice Vicente Veloso said that under the Rules of Court, the writ does not have to be accompanied by a temporary restraining order that would prevent the Immigration bureau from deporting the Taiwanese. "The Rule 102 itself does not provide for TRO in order for the writ of habeas corpus to be enforced," said Veloso. Because the case is still pending, Veloso declined to discuss the case's merits. "Since we still would have to deliberate on the matter, I think it's premature for me as division chair to make any comment. Don't you worry because sensitive as it is, we shall really be treating the matter with so much judiciousness. As of now, were not in a position to say one thing or another," he said. De Lima: Deportation was made because there's no TRO Justice Secretary Leila de Lima earlier said the Bureau of Immigration decided to deport the six Taiwanese along with the eight other Taiwanese and 10 Chinese because the appellate court did not issue a temporary restraining order. She likewise maintained that the deportation of the 24 foreigners to China was regular because the Taiwanese could not produce the original travel documents. De Lima's office supervises the Bureau of Immigration, which carried out the deportation, and the National Bureau of Investigation, which nabbed the 24 suspects last December. They were arrested because they were supposedly engaged in a multi-million dollar criminal activity using the Internet and mobile gadgets. The arrests were made upon Beijing's request. The 24 foreigners were then deported to the People's Republic of China on Feb. 2, despite attempts by the Taiwan Economic and Cultural Office (TECO) officials and lawyers to have the 14 Taiwanese brought to Taiwan. The Taiwan government, which had recalled its de facto ambassador, TECO special representative Donald Lee, had threatened that economic and labor ties with the Philippines will suffer because of the deportation. Habeas corpus case Last January 31, the Court of Appeals issued a writ of habeas corpus ordering the BI to "produce the living bodies" of six of the Taiwanese: Chen Ho-Yang, Li Yuan Hsing, Tai Yao-Pin, Chen Chia Hsiang, Lee Hsiang Pin and Lin Ying Chang. The six Taiwanese are represented by their counsels from the Jasarino Young Librojo Law Offices. The CA told the BI to present the six Taiwanese at the CA’s Auditorium, Centennial building on February 2 at 2 p.m. Despite the issuance of the writ of habeas corpus, the Bureau of Immigration still proceeded with the deportation also on February 2. This prompted the Court of Appeals to order BI head Rolando Ledesma to explain why he should not be held in contempt for defying the writ. — RSJ/KBK, GMA News