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.