RELIEF DESPITE THE PENDENCY OF THE ADMINISTRATIVE PROCEEDINGS.   II.   FURTHER, IT IS RESPECTFULLY SUBMITTED THAT THE RULING OF THIS HONORABLE COURT IN DWIKARNA V. DOMINGO, 433 SCRA 748 (2004) DID NOT STRIP THE LOWER COURT OF ITS AUTHORITY TO ENTERTAIN THE PETITION IN CIVIL CASE NO. 04-110179 AND TO ISSUE A WRIT OF PRELIMINARY INJUNCTION IN THE AFORESAID CASE.   III.   EVEN IF THE RULING OF THIS HONORABLE COURT IN DWIKARNA V. DOMINGO, SUPRA, DID STRIP THE LOWER COURT OF ITS JURISDICTION IN BID V. DELA ROSA, SUPRA, TO ENJOIN DEPORTATION PROCEEDINGS, THE RULING CAN ONLY HAVE PROSPECTIVE EFFECT.     Basically, petitioners argue that the doctrine of primary jurisdiction, relied upon by the CA in its decision, does not apply in the present case because it falls under an exception. Citing Board of Commissioners (CID) v. Dela Rosa,43[43] petitioners assert that immediate judicial intervention in deportation proceedings is allowed where the claim of citizenship is so substantial that there are reasonable grounds to believe that the claim is correct. In connection therewith, petitioners assail the applicability of Dwikarna v. Domingo in the present case, which the CA relied upon in ruling against the same petitioners.   After a careful study of the arguments presented by the parties, this Court finds the petition meritorious. 43[43] G.R. Nos. 95122-23 and G.R. Nos. 95612-13, May 31, 1991, 197 SCRA 853, 874-875.

Select target paragraph3