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CONFLICTS OF LAW
Also in the case of Go Tek v. Deportation Board, the Supreme Court affirmedthe
States inherent power to deport undesirable aliens and under existing law; the
deportation of an undesirable alien may be effected (1) by order of the President,
after due investigation, pursuant to section 69 of the Revised Administrative Code
and (2) by the Commissioner of Immigration upon recommendation of the Board of
Commissioners.
The Philippines, as a sovereign state, may exercise its inherent police power to
exclude Suselb from our territory upon such grounds as it may deem proper for its
self-preservation or public interest. It must be observed that Sueselbeck is an
ordinary visiting alien and is subject to the rules and regulations of the Philippines.
His act of knowingly trespassing and assaulting army personnel is a clear violation
CONFLICTS OF LAW
of the laws. His stay here was only a privilege and a matter of grace, which he
knowingly abused.
If Sueselbeck was not to be charged and declared as an undesirable alien, he
may leave the country at any time, without facing the consequence of his actions and
may come back at any time without any complication. Whereas, if he were charged,
the Bureau of Immigration may stop him from leaving the country and, with the
proper administrative proceedings, he may be declared as an undesirable alien
resulting in his immediate deportation. Deportation due to declaration of person as
an undesirable alien implies an individuals tarnished record which the Statemust be
wary of. Nevertheless, entry into the country being a matter of grace and not a right,
the alien may be refused entry at the states prerogative.