HARVEY vs.
DEFENSOR-SANTIAGO [162
SCRA 840; G.R. NO. 82544; 28 JUN 1988]
Facts: This is a petition for Habeas Corpus. Petitioners are the
following: American nationals Andrew Harvey, 52 and Jonh
Sherman 72.Dutch Citizen Adriaan Van Den Elshout, 58. All reside
at Pagsanjan Laguna respondent Commissioner
Miriam Defensor Santiago issued Mission Orders to the Commission
of Immigration and Deportation (CID) to apprehended petitioners at
their residences. The “Operation Report” read that Andrew Harvey
was found together with two young boys. Richard Sherman was
found with two naked boys inside his room. While Van Den Elshout
in the “after Mission Report” read that two children of ages 14 and 16
has been under his care and subjects confirmed being live-in for
sometime now.
Seized during the petitioner’s apprehension were rolls of photo
negatives and photos of suspected child prostitutes shown in
scandalous poses as well as boys and girls engaged in sex. Posters
and other literature advertising the child prostitutes were also found.
Petitioners were among the 22 suspected alien pedophiles. They were
apprehended 27 February1988 after close surveillance for 3 month of
the CID in Pagsanjan, Laguna. 17 of the arrested aliens opted for self-
deportation. One released for lack of evidence, another charged not
for pedophile but working with NO VISA, the 3 petitioners chose to
face deportation proceedings. On 4 March1988, deportation
proceedings were instituted against aliens for being undesirable aliens
under Sec.69 of Revised Administrative Code.
Warrants of Arrest were issued 7 March 1988 against petitioners for
violation of Sec. 37, 45 and 46 of Immigration Act and Sec 69 of
Revised Administrative Code. Trial by the Board of Special Inquiry
III commenced the same date.
On 14 March 1988, petitioners filed an Urgent Petition for Release
Under Bond alleging that their health was being seriously affected by
their continuous detention. Upon recommendation of the Board of
Commissioners for their provisional release, respondent ordered the
CID doctor to examine petitioners, who certified that petitioners were
healthy.
On 22 March 1988, petitioners filed a Petition for Bail which,
however, respondent denied considering the certification by the CID
physician that petitioners were healthy. To avoid congestion,
respondent ordered petitioners' transfer to the CID detention cell at
Fort Bonifacio, but the transfer was deferred pending trial due to the
difficulty of transporting them to and from the CID where trial was
on-going.
Petition for bail was filed 11 March 1988 but was not granted by the
Commissioner of Immigration. 4 April1988 Petitioners filed a
petition for Writ of Habeas Corpus. The court heard the case on oral
argument on 20 April 1988.
Issues:
(1) Whether or Not the Commissioner has the power to arrest and
detain petitioners pending determination of existence of
probable cause.
(2) Whether or Not there were unreasonable searches and seizures
by CID agents.
(3) Whether or Not the writ of Habeas Corpus may be granted to
petitioners.
Held: While pedophilia is not a crime under the Revised Penal Code,
it violates the declared policy of the state to promote and protect the
physical, moral, spiritual and social well being of the youth. The
arrest of petitioners was based on the probable cause determined after
close surveillance of 3 months. The existence of probable cause
justified the arrest and seizure of articles linked to the offense. The
articles were seized as an incident to a lawful arrest; therefore the
articles are admissible evidences (Rule 126, Section12 of Rules
on Criminal Procedure).
The rule that search and seizures must be supported by a valid
warrant of arrest is not an absolute rule. There are at least
three exceptions to this rule. 1.) Search is incidental to the arrest. 2.)
Search in a moving vehicle. 3.) Seizure of evidence in plain view. In
view of the foregoing, the search done was incidental to the arrest.
The filing of the petitioners for bail is considered as a waiver of any
irregularity attending their arrest and stops them from questioning its
validity. Furthermore, the deportation charges and the hearing
presently conducted by the Board of Special Inquiry made
their detention legal. It is a fundamental rule that habeas corpus will
not be granted when confinement is or has become legal, although
such confinement was illegal at the beginning.
The deportation charges instituted by the Commissioner of
Immigration are in accordance with Sec37 (a) of the Philippine
Immigration Act of 1940 in relation to sec69 of the Revised
Administrative code. Section 37 (a) provides that aliens shall be
arrested and deported upon warrant of the Commissioner of
Immigration and Deportation after a determination by the Board of
Commissioners of the existence of a ground for deportation against
them. Deportation proceedings are administrative in character and
never construed as a punishment but a preventive measure.
Therefore, it need not be conducted strictly in accordance with
ordinary Court proceedings. What is essential is that there should be a
specific charge against the alien intended to be arrested and deported.
A fair hearing must also be conducted with assistance of a counsel if
desired.
Lastly, the power to deport aliens is an act of the State and done
under the authority of the sovereign power. It is a police measure
against the undesirable aliens whose continued presence in the
country is found to be injurious to the public good and tranquility of
the people.
DEPORTATION OF ALIENS
SEC. 37. (a) The following aliens shall be arrested upon the warrant of the
Commissioner of Immigration or of any other officer designated by him for
the purpose and deported upon the warrant of the Commissioner of
Immigration after a determination by the Board of Commissioners of the
existence of the ground for deportation as charged against the alien:
(1) Any alien who enters the Philippines after the effective date of this Act by
means of false and misleading statements or without inspection and admission
by the immigration authorities at a designated port of entry;
(2) Any alien who enters the Philippines after the effective date of this Act,
who was not lawfully admissible at the time of entry;
(3) Any alien who, after the effective date of this Act, is convicted in the
Philippines and sentenced for a term of one year or more for a crime involving
moral turpitude committed within five years after his entry to the Philippines,
or who, at any time after such entry, is so convicted and sentenced more than
once;
(4) Any alien who is convicted and sentenced for a violation of the law
governing prohibited drugs;
(5) Any alien who practices prostitution or is an inmate of a house of
prostitution or is connected with the management of a house of prostitution, or
is a procurer;
(6) Any alien who becomes a public charge within five years after entry from
causes not affirmatively shown to have arisen subsequent to entry;
(7) Any alien who remains in the Philippines in violation of any limitation or
condition under which he was admitted as a nonimmigrant;
(8) Any alien who believes in, advises, advocates or teaches the overthrow by
force and violence of the Government of the Philippines, or of constituted law
and authority, or who disbelieves in or is opposed to organized government or
who advises, advocates, or teaches the assault or assassination of public
officials because of their office, or who advises, advocates, or teaches the
unlawful destruction of property, or who is a member of or affiliated with any
organization entertaining, advocating or teaching such doctrines, or who in
any manner whatsoever lends assistance, financial or otherwise, to the
dissemination of such doctrines.
(g) attempts or conspires with another to commit any of the foregoing acts–
shall be guilty of an offense, and upon conviction thereof, shall be fined not
more than one thousand pesos, or imprisoned for not more than two years, or
both.
SEC. 46. Any individual who shall bring into or land in the Philippines or
conceal or harbor any alien not duly admitted by any immigration officer or
not lawfully entitled to enter or reside within the Philippines under the terms
of the immigration laws, or attempts, conspires with, or aids another to
commit any such act, shall be guilty of an offense, and upon conviction
thereof, shall be fined not less than one thousand pesos, or imprisoned for not
more than two years, or both.
Sec. 69. Deportation of subject of foreign power. A subject of a foreign power
residing in the Philippines shall not be deported, expelled, or excluded from
said Islands or repatriated to his own country by the President of the
Philippines except upon prior investigation, conducted by said Executive or
his authorized agent, of the ground upon which such action is contemplated.
In such a case the person concerned shall be informed of the charge or charges
against him and he shall be allowed not less than 3 days for the preparation of
his defense. He shall also have the right to be heard by himself or counsel, to
produce witnesses in his own behalf, and to cross-examine the opposing
witnesses.

(b) Deportation may be effected under clauses 2, 7, and 8, of paragraph (a) of

this section at any time after entry, but shall not be effected under any other
clause unless the arrest in the deportation proceedings is made within five
years after the cause for deportation arises. Deportation under clauses 3 and 4
shall not be effected if the court, or judge thereof, when sentencing the alien,
shall recommend to the Commissioner of Immigration that the alien be not
deported.

(c) No alien shall be deported without being informed of the specific grounds
for deportation nor without being given a hearing under rules of procedure to
be prescribed by the Commissioner of Immigration.

(d) In any deportation proceeding involving the entry of an alien the burden of
proof shall be upon the alien to show that he entered the Philippines lawfully,
and the time, place, and manner of such entry, and for this purpose he shall be
entitled to a statement of the facts in connection with his arrival as shown by
any record in the custody of the Bureau of Immigration.

(e) Any alien under arrest in a deportation proceeding may be released under
bond or under such other conditions as may be imposed by the Commissioner
of Immigration.

SEC. 45. Any individual who–

(a) When applying for an immigration document, personates another

individual, or falsely appears in the name of deceased individual, or evades
the immigration laws by appearing under an assumed or fictitious name; or

(b) issues or otherwise disposes of an immigration document to any person not

authorized by law to receive such document; or

(c) obtains, accepts or uses any immigration document, knowing it to be false;

or

(d) being an alien, enters the Philippines without inspection and admission by
the immigration officials, or obtains entry into the Philippines by willful,
false, or misleading representation or willful concealment of a material fact; or

(e) being an alien shall, for any fraudulent purpose, represent himself to be a
Philippine citizen in order to evade any requirement of the immigration laws:
or

(f) in any immigration matter, shall knowingly make under oath any false
statement or representations; or