4/16/2021 E-Library - Information At Your Fingertips: Printer Friendly 408 Phil. 102 THIRD DIVISION [ G.R. No. 141938, April 02, 2001 ] TUNG CHIN HUI, PETITIONER, VS. RUFUS B. RODRIGUEZ, COMMISSIONER OF IMMIGRATION AND THE BOARD OF COMMISSIONERS, BUREAU OF IMMIGRATION AND DEPORTATION, RESPONDENTS. DECISION PANGANIBAN, J.: The writ of habeas corpus cannot be issued in cases in which the Bureau of Immigration has duly ordered the deportation of undocumented aliens, specifically those found guilty of illegally entering the Philippines with the use of a tampered and previously cancelled passports. The Case Before us is a Petition for Review under Rule 45 of the Rules of Court, assailing the July 30, 1999 Decision[1] of the Court of Appeals (CA) in CA-GR SP No. 51723. The dispositive portion of the CA Decision reads as follows: "WHEREFORE, premises considered, the appeal is hereby GRANTED. The petition for habeas corpus is hereby DISMISSED. No pronouncement as to costs. "SO ORDERED."[2] The CA reversed the January 7, 1999 Decision[3] of the Regional Trial Court (RTC) of Manila, which disposed as follows: "WHEREFORE, premises considered, judgment is hereby rendered GRANTING the petition, and as such, public respondent, Hon. Rufus Rodriguez, Commissioner, Bureau of Immigration and Deportation, is hereby ordered to immediately release the person of petitioner, Tung Chin Hui, from his official custody, upon receipt of this Decision."[4] Also challenged by petitioner is the February 4, 2000 CA Resolution[5] denying his Motion for Reconsideration. The Facts Petitioner, a "Taiwanese national,"[6] arrived in this country on November 5, 1998, as a https://elibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/51129 1/10

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