4/16/2021
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WHEREFORE, premises considered, the Board of Commissioners hereby
orders that summary deportation of respondent, CHEN KUAN-YUAN @ TUNG
CHIN-HUI @ DONG TUNG to his country of origin subject to the submission
of the usual clearances.
Include his name in the Blacklist upon implementation of this Order.
The Chief of the Civil Security Unit is hereby directed to implement this
Order within three (3) days from receipt hereof.
Give respondent a copy of this Order.
SO ORDERED."
Echoing the holding of the RTC, herein petitioner argues that no evidence was
presented to prove that he was an "undocumented alien"; that is, that he tampered
with a passport that had already been cancelled by the Taiwanese government. He
further contends that he was in fact allowed to enter the Philippines seventeen times
from 1995 to 1998, notwithstanding the alleged cancellation of his passport in 1995.
[16]
These contentions are not meritorious. The Return of the Writ submitted by
respondents before the trial court clearly shows that petitioner had lawfully been
charged and ordered deported for being an undocumented alien. Section 13, Rule 102
of the Rules of Court specifically provides that "the return [of the writ] shall be
considered prima facie evidence of the cause of the restraint; x x x."
Moreover, attached to the Return of the Writ were copies of official letters of the Taiwan
Economic and Cultural Offices. These documents show that petitioner, whose real name
is Chen Kuan-Yuan, was using a passport that had already been cancelled by the
Taiwanese government in 1995 and previously issued to a man named Tung Chin Hui.
The two letters are reproduced in full hereunder:
"November 24, 1998
Honorable Rufus B. Rodriguez
Commissioner
Bureau of Immigration
Magallanes Drive, Intramuros
Manila
Attention: Chief, Intelligence Division
Sir:
In behalf of the Bureau of Immigration of the Republic of China, I would like
to inform your good office that Taiwanese fugitive MR. CHEN, KUAN-YUAN
(D.O.B. October 12, 1956) tampered Republic of China passport number M
https://elibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/51129
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