G.R. No. 82544
June 28, 1988
Facts
This case is a petition for habeas corpus. Petitioners are Dutch and American citizens living in Pagsanjan, Laguna. They were among the twenty-two suspected alien pedophiles who were arrested by the agents of the Commission of Immigration and Deportation (CID). Out of the twenty-two aliens, 17 opted for self-deportation, 1 was released for lack of evidence, and one was working without valid visa. Only the three petitioners opted to face deportation. Seized during petitioners’ apprehension were rolls of photo negatives and photos of the suspected child prostitutes shown in salacious poses as well as boys and girls engaged in the sex act. There were also posters and other literature advertising the child prostitutes.
A deportation proceeding was instituted against the three petitioners for allegedly being pedophiles and thereby considered an undesirable alien under Section 69 of the Revised Administrative Code. Warrants of Arrest were issued by respondent against petitioners for violation of Sections 37, 45 and 46 of the Immigration Act and Section 69 of the Revised Administrative Code. On the same date, the Board of Special Inquiry III commenced trial against petitioners. However, the petitioners filed an urgent Petition for Release under Bond and Petition for Bail for being unhealthy but both was dismissed upon certification of CID doctors that they were healthy. Andrew Harvey finally agreed to self-deportation and prayed for a 15-day release under the custody of Atty Asinas. Provisional release was granted but only for five days. However, Harvey and his co-petitioners already filed this petition for habeas corpus at the same day the former agreed to self-deportation.
Petitioner contended that the CID commissioners were not clothed with the authority to arrest and detain prisoners since there is no express provision of the Philippine Immigration Act and the Revised Administrative Code. Also, they contended that mere confidential information made to the CID agents and their suspicion of the activities are not valid grounds for the arrest unless they are caught in the act. Additionally, pedophilia is not punished by Philippine Law.
Issues
- Whether or not there is probable cause to warrant the arrest which follows that there is a violation of the constitutional mandate against unreasonable search and seizure?
- Whether or not the Commissioner of Immigration has the authority to order the arrest of said petitioners?
Held
First Issue
Yes. One of the constitutional requirements of a valid search warrant or warrant of arrest is that it must be based upon probable cause. Probable cause has been defined as referring to “such facts and circumstances antecedent to the issuance of the warrant that in themselves are sufficient to induce a cautious man to rely on them and act in pursuance thereof.”
In this case, the arrest of petitioners was based on probable cause determined after close surveillance for three (3) months during which period their activities were monitored. The existence of probable cause justified the arrest and the seizure of the photo negatives, photographs and posters without warrant.
Hence, there is no violation of the constitutional prohibition against unreasonable search and seizure.
Second Issue
Yes. Section 37 of the Immigration Law empowers the Commissioner of Immigration to issue warrants for the arrest of aliens. The arrest is a step preliminary to the deportation of the aliens who had violated the condition of their stay in this country. What is essential is that there should be a specific charge against the alien intended to be arrested and deported, that a fair hearing be conducted (Section 37©) with the assistance of counsel, if desired, and that the charge be substantiated by competent evidence.
In this case, the petitioners were issued warrants specifically “for violation of Sections 37, 45 and 46 of the Immigration Act and Section 69 of the Revised Administrative Code.”
Hence, the Commissioner of Immigration has the authority to order the arrest of the petitioners pursuant to Section 37 of the Immigration Law.