Published — May 29, 2021
The following post does not create a lawyer-client relationship between Alburo Alburo and Associates Law Offices (or any of its lawyers) and the reader. It is still best for you to engage the services of your own lawyer to address your legal concerns, if any.
Also, the matters contained in the following were written in accordance with the law, rules, and jurisprudence prevailing at the time of writing and posting, and do not include any future developments on the subject matter under discussion.
MAY A FOREIGNER BE DEPORTED EVEN IF WHAT HE VIOLATED WAS A FOREIGN LAW?, if this article interest you, read also: WHEN MAY AN ALIEN BE DEPORTED?
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Aliens seeking entry in the Philippines do not acquire the right to be admitted into the country by the simple passage of time
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An alien can be excluded in the country any time after it was found that he was not lawfully admissible at the time of his entry
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An alien found to have violated a foreign law may be excluded in the country
A foreigner was insisting to stay in the Philippines on the ground that he did not violate a Philippine law but that of a foreign law. Is he right?
For a better understanding, let us take the case of The Secretary of Justice, The Executive Secretary and The Board of Commissioners of the Bureau of Immigration vs. Christopher Koruga G.R. No. 166199, April 24, 2009.
In this case, the Commissioner of the Bureau of Immigration (BI) received an anonymous letter requesting the deportation of Christopher Koruga (Koruga) as an undesirable alien for having been found guilty of Violation of the Uniform Controlled Substances Act in the State of Washington, United States of America (USA) for attempted possession of cocaine sometime in 1983.
On the basis of a Summary of Information, the Commissioner issued a Mission Order for the verification of the admission status and activities of Koruga and effect his immediate arrest if he is found to have violated the Philippine Immigration Act of 1940, as amended.
On September 17, 2001, Koruga was arrested and charged before the Board of Special Inquiry (BSI) as he was convicted and sentenced for a violation of the law of the USA governing prohibited drugs. Koruga was convicted and sentenced for Uniform Controlled Substance Act in connection with his being Drug Trafficker of prohibited drugs in the State of Washington, United States of America. On this basis, the Board of Commissioners (BOC) issued an order for the deportation of Koruga.
May Koruga, a foreigner, be deported even if what he violated was a foreign law?
The Supreme Court said:
Yes.
Koruga was charged with violation of Section 37(a)(4) of the Philippine Immigration Act of 1940, as amended, which provides:
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.
x x x x
(4) Any alien who is convicted and sentenced for a violation of the law governing prohibited drugs;
x x x x
The Supreme Court, in ruling the case of Koruga, made no distinction between a foreign prohibited drugs law and the Philippine prohibited drugs law. It ruled that the above-mentioned law should apply to those convicted of all prohibited drugs law, whether local or foreign.
Furthermore, it must be remembered that aliens seeking entry in the Philippines do not acquire the right to be admitted into the country by the simple passage of time. When an alien, such as Koruga, has already physically gained entry in the country, but such entry is later found unlawful or without legal basis, the alien can be excluded anytime after it is found that he was not lawfully admissible at the time of his entry.
Alburo Alburo and Associates Law Offices specializes in business law and labor law consulting. For inquiries, you may reach us at info@alburolaw.com, or dial us at (02)7745-4391/0917-5772207.
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