BI chief asks CA to junk Taiwanese deportees' habeas corpus plea

Asserting that the deportation of 14 Taiwanese to mainland China was legal, the head of the Philippine Bureau of Immigration (BI) has asked the Court of Appeals to junk the habeas corpus petition filed by six of the Taiwanese. The BI had deported the 14 Taiwanese to China on Feb. 2 even if the appellate court had already issued the writ of habeas corpus ordering the bureau to produce the living bodies of the six who filed the petition before the court. In a 10-page manifestation submitted to the CA, BI officer-in-charge Rolando Ledesma defended the legality of the deportation of the Taiwanese, who were wanted in China for telecommunications fraud. He added that the deportation complied with procedures provided by law and jurisprudence. Ledesma, through government lawyer Assistant Solicitor General Renan Ramos, also denied that the deportation was done in haste to render as moot the CA's issuance of the writ of habeas corpus. The 14 Taiwanese and 10 other Chinese were arrested by Philippine National Bureau of Investigation (NBI) agents in December 2010 because they were allegedly engaged in a multi-million dollar criminal activity using the Internet and mobile gadgets. Six of the Taiwanese filed the petition for the writ of habeas corpus before the Philippine Court of Appeals to prevent their deportation to mainland China. On Jan. 31, the CA issued the writ, ordering the BI to produce the living bodies of the six petitioners before the court on Feb. 2. Instead of presenting the six petitioners before the CA that day, the Immigration bureau deported all 24 foreigners to China. The BI and the NBI are attached agencies of the Department of Justice headed by Secretary Leila de Lima. De Lima had defended the actions of her subordinate, BI head Ledesma, to deport the Taiwanese to China. She likewise said that because the Court of Appeals did not issue a temporary restraining order, there was no legal obstacle to the deportation. Summary deportation The BI's move sparked a diplomatic row between the Philippines and Taiwan, with the latter warning that the deportation would adversely affect economic and labor ties with the Philippines. The Court of Appeals likewise ordered Ledesma to show cause why he should not be held in contempt for defying the issuance of the writ of habeas corpus. In his manifestation submitted to the CA, Ledesma said that the Taiwanese were summarily deported because they failed to present their original passports and were considered fugitives from justice. “Inasmuch as petitioners are fugitives from justice, the immediate execution of the summary deportation order was in order. With all due respect to the Honorable Court, therefore, there was no intention on the [part of the] BI OIC to blatantly defy or disobey this Honorable Court’s resolution of January 21, 2011," Ledesma said. He also said the Chinese embassy had informed his office that the Taiwanese suspects' passports have been cancelled. He added the suspects were subjects of warrants of arrest in China and a Red Notice from the Interpol (International Criminal Police Organization) had been issued against them. Citing a jurisprudence — the Supreme Court's ruling in Schonemann vs. Santiago — Ledesma then explained that when a foreign embassy cancels the passports it had issued to its citizens, it will result in the loss of the alien’s privilege to stay in the country and his subsequent deportation is warranted under Sections 10 and 15 of Commonwealth Act No. 613. “The automatic loss of the privilege obviates deportation proceedings. In such instance, the [Bureau of Immigration's] Board of Commissioners may issue summary judgment of deportation which shall be immediately executory," Ledesma added. Ledesma likewise cited Rule XVI of BI Office Memorandum No. ADD-01-004, as amended by Memorandum Order No. ADD-01-031 and MO No. ADD-01-0135, which provides that “if a foreign embassy cancels the passport of an alien… the alien loses privilege to remain in the Philippines." — Sophia Dedace/VS, GMA News