G.R. No. L-25383 February 26, 1968
COMMISSIONER OF IMMIGRATION, petitioner, vs. HON. FRANCISCO ARCA, as Judge of the Court of First Instance of Manila, Branch I, SY KIB @ SY GIP, CO CHIN LUN and BABY CO, respondents.

FACTS

Sy Kib (alias Sy Gip) and her two minor children, Co Chin Lun and Baby Co, were admitted into the Philippines on July 30, 1960, under Section 9(g) of the Immigration Act, as amended. Sy Kib was admitted as a pre-arranged employee for Ang Pao & Company, and her children as her dependents. Their authorized stay was for three years, expiring on July 29, 1963. A request for an extension of their stay was granted by the Commissioner of Immigration, provided they leave on or before November 30, 1964. They failed to depart by this date. On March 12, 1965, the Acting Commissioner of Immigration ordered them to depart and denied subsequent requests for extension. Sy Kib and her children then filed a petition in the Court of First Instance of Manila to enjoin the Commissioner from arresting and deporting them, seeking to stay until Sy Kib’s husband (Co Te) becomes naturalized and until Sy Kib liquidates her business interests. The lower court, presided by Judge Francisco Arca, issued a preliminary injunction against the Commissioner. The Commissioner of Immigration petitioned the Supreme Court to enjoin the lower court from enforcing its injunction, questioning its jurisdiction and re-asserting his discretionary power over the extension of an alien’s stay.

ISSUE

Whether the Court of First Instance had jurisdiction to entertain the petition and issue an injunction restraining the Commissioner of Immigration from carrying out his order for the aliens to depart.

RULING

The Supreme Court ruled that the lower court erred in taking cognizance of the case and in issuing the injunction. The administration of immigration laws is primarily the responsibility of the executive branch. Extensions of stay for aliens are discretionary on the part of immigration authorities, and neither mandamus nor certiorari can compel the Commissioner to extend the stay of an alien whose period has expired. The proper remedy for dissatisfied parties is to address the President of the Philippines, who has final authority on deportation questions. The fact that Sy Kib’s husband had filed a declaration of intention for naturalization or that she had other Manila-born children did not alter her status or that of her accompanying children. As non-immigrants, they could not remain permanently without first departing and requesting permanent re-entry. The Supreme Court dissolved the lower court’s injunction and ordered the Commissioner of Immigration to proceed in accordance with law.