Tan Sin vs The Deportation Board

104 Phil. 868 – Political Law – Constitutional Law – The Executive Department – Powers of the President – Power to Deport an Undesirable Alien

Tan Sin was a Chinese residing in Pasay. In December 1953, he was convicted of the crime of estafa. He was sentenced to jail. When he finished serving his sentence, he learned that an order to detain him was issued by the Deportation Board because apparently, a special prosecutor filed with the Deportation Board an action to deport Tan Sin because by reason of the crime he had committed, he became an undesirable alien. The Deportation Board after hearing, recommended to the President of the Philippines that Tan Sin be deported. In his defense, Tan Sin averred that he cannot be deported by the Deportation Board (an entity under the executive department) or by the President because only Congress has the absolute and inherent power to deport aliens.

ISSUE: Whether or not Tans Sin can be deported by the President.

HELD: Yes. The power to deport aliens is lodged in the President. As an act of state, it is vested in the Executive by virtue of his office, subject only to the regulations prescribed in Sec. 69 of the Revised Administrative Code or to such future legislation as may be promulgated on the subject. There is no provision in the Constitution nor act of the legislature defining the power, as it is evident that it is the intention of the law to grant to the Chief Executive full discretion to determine whether an alien’s residence in the country is so undesirable as to affect or injure the security, welfare or interest of the state. The adjudication of facts upon which deportation is predicated also devolves on the Chief Executive whose decision is final and executory.

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