Petitioners rely on Board of Commissioners (CID) v. Dela Rosa,44[44]
wherein this Court ruled that when the claim of citizenship is so substantial as to
reasonably believe it to be true, a respondent in a deportation proceeding can seek
judicial relief to enjoin respondent BOC from proceeding with the deportation
case. In particular, petitioners cited the following portions in this Court's decision:
True, it is beyond cavil that the Bureau of Immigration has the exclusive
authority and jurisdiction to try and hear cases against an alleged alien, and in the
process, determine also their citizenship (Lao vs. Court of Appeals, 180 SCRA
756 [1089]. And a mere claim of citizenship cannot operate to divest the Board of
Commissioners of its jurisdiction in deportation proceedings (Miranda vs.
Deportation Board, 94 Phil. 531 [1951]).
However, the rule enunciated in the above-cases admits of an
exception, at least insofar as deportation proceedings are concerned. Thus,
what if the claim to citizenship of the alleged deportee is satisfactory? Should the
deportation proceedings be allowed to continue or should the question of
citizenship be ventilated in a judicial proceeding? In Chua Hiong vs. Deportation
Board (96 Phil. 665 [1955]), this Court answered the question in the affirmative,
and We quote:
When the evidence submitted by a respondent is
conclusive of his citizenship, the right to immediate review
should also be recognized and the courts should promptly
enjoin the deportation proceedings. A citizen is entitled to live
in peace, without molestation from any official or authority,
and if he is disturbed by a deportation proceeding, he has the
unquestionable right to resort to the courts for his protection,
either by a writ of habeas corpus or of prohibition, on the legal
ground that the Board lacks jurisdiction. If he is a citizen and
evidence thereof is satisfactory, there is no sense nor justice in
allowing the deportation proceedings to continue, granting him the
remedy only after the Board has finished its investigation of his
undesirability.
x x x And if the right (to peace) is precious and valuable
at all, it must also be protected on time, to prevent undue
harassment at the hands of ill-meaning or misinformed
administrative officials. Of what use is this much boasted right
44[44] Supra note 43.