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Tung Chin Hui vs Rodriguez (Tung Chiu Hui)

TUNG CHIN HUI, petitioner, vs. RUFUS B. RODRIGUEZ, Commissioner of Immigration and the BOARD OF COMMISSIONERS, Bureau of Immigration and Deportation, respondents.

G.R. No. 141938 | 2001-04-02

D E C I S I O N

PANGANIBAN, J.:

The writ of habeas corpus cannot be issued in cases in which the Bureau of Immigration has duly ordered the deportation of undocumented aliens, specifically those found guilty of illegally entering the Philippines with the use of a tampered and previously cancelled passports.

The Case

Before us is a Petition for Review under Rule 45 of the Rules of Court, assailing the July 30, 1999 Decision[1] of the Court of Appeals (CA) in CA-GR SP No. 51723. The dispositive portion of the CA Decision reads as follows:

"WHEREFORE, premises considered, the appeal is hereby GRANTED. The petition for habeas corpus is hereby...