4/16/2021
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temporary visitor. A few days later, he was arrested by several policemen, who turned
him over to the Bureau of Immigration and Deportation (BID).
Petitioner was duly charged. In due course, the BID Board of Commissioners issued a
Summary Deportation Order dated November 25, 1998, finding him guilty of
possessing a tampered passport earlier cancelled by Taiwanese authorities.
On December 11, 1998, petitioner filed before the Regional Trial Court (RTC) of Manila
a Petition for Habeas Corpus on the ground that his detention was illegal. In their
Return of Writ, respondents denied petitioner's claim. In a Decision dated January 7,
1999, the trial court granted his Petition and ordered his release. In its January 29,
1999 Order, it denied respondents' Motion for Reconsideration.
Respondents, who received the trial court's January 29, 1999 Order on February 11,
1999, then filed a Notice of Appeal on February 16, 1999. In an Order dated February
18, 1999, the RTC rejected petitioner's Opposition and granted due course to the Notice
of Appeal.
Subsequently, the appellate court rendered its July 30, 1999 Decision, which as earlier
mentioned reversed the trial court.
Meanwhile, during the pendency of the proceedings before the CA, petitioner filed a
Petition for Certiorari[7] before this Court, docketed as GR No. 137571, contending that
the RTC should have rejected the appeal for allegedly being filed late -- beyond the 48hour period provided under the pre-1997 Rules of Court. In its September 21, 2000
Decision which became final on October 31, 2000,[8] this Court denied the Petition.
Ruling of the Court of Appeals
The appellate court held that petitioner was not entitled to the writ of habeas corpus,
because the BID Board of Commissioners had found him guilty of violating Section 37
(a) of the Philippine Immigration Act of 1940, as amended. Citing documents from the
Taiwan Economic and Cultural Offices (TECO), the CA found that petitioner's passport
had been cancelled by the Republic of China on the ground that its holder was not the
real Tung Chin Hui, but a fugitive from justice who had tampered the passport. The CA
also held that the TECO documents, being public in nature, need not be testified to by
the persons who had issued them.
Hence, this Petition.[9]
The Issues
In his Memorandum, petitioner submits the following issues for the consideration of this
Court:[10]
"A. PRINCIPAL ISSUES:
(1)
Is the reglementary period within which to appeal in habeas
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