Scribd
Upload
218 views1 page

Djumantan Vs Domingo

This document summarizes a court case, Djumantan v Domingo, regarding the deportation of Djumantan. Bernard Banez, a Filipino man, married Djumantan in Indonesia according to Islamic rites after converting to Islam. He brought her and their children back to the Philippines, hiding the nature of their relationship. Banez's actual wife later discovered the situation. Djumantan's immigration status was changed to permanent resident in 1982, but she failed to disclose her marriage. Her status violated immigration law. However, the period to deport her had passed, so the order reversing her permanent visa and deporting her was overturned.

Uploaded by

ANDREA JOSES TAN
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as DOCX, PDF, TXT or read online on Scribd
218 views1 page

Djumantan Vs Domingo

This document summarizes a court case, Djumantan v Domingo, regarding the deportation of Djumantan. Bernard Banez, a Filipino man, married Djumantan in Indonesia according to Islamic rites after converting to Islam. He brought her and their children back to the Philippines, hiding the nature of their relationship. Banez's actual wife later discovered the situation. Djumantan's immigration status was changed to permanent resident in 1982, but she failed to disclose her marriage. Her status violated immigration law. However, the period to deport her had passed, so the order reversing her permanent visa and deporting her was overturned.

Uploaded by

ANDREA JOSES TAN
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as DOCX, PDF, TXT or read online on Scribd
You are on page 1/ 1

Djumantan v Domingo made permanent, and the revoking of the permanent visa of the petitioner was

January 30, 1995 | Examples of Valid Exercise (deportation) | Joses Tan reversed.

Recit-ready Summary: Doctrine: POWER TO DEPORT - Generally, the right of the President to
Bernard Banez, husband of Marina Cabael, went to Indonesia as a expel or deport aliens whose presence is deemed inimical to the public
contract worker and subsequently converted to Islam. He then, married interest is as absolute and unqualified as the right to prohibit and prevent their
petitioner Djumantan in accordance with Islamic rites. entry into the country. This right is based on the fact that since the aliens are
Banez returned to the Philippines with the petitioner and her two not part of the nation, their admission into the territory is a matter of pure
children with Banez as “guests” of Banez. The latter made it appear that he permission and simple tolerance which creates no obligation on the part of
was just a friend of the family of petitioner and was merely repaying the the government to permit them to stay.
hospitability extended to him during his stay in Indonesia. Afterwards, Banez The interest, which an alien has in being admitted into or allowed to
executed an “Affidavit of Guaranty and Support,” for his “guests.” As continue to reside in the country, is protected only so far as Congress may
“guests,” petitioner and her two children lived in the house of Banez and were choose to protect it. There is no law guaranteeing aliens married to Filipino
admitted as temporary visitors in the Philippines citizens the right to be admitted, much less to be given permanent residency,
Banez’s wife, Marina Cabael discovered the true relationship of her in the Philippines. The fact of marriage by an alien to a citizen does not
husband and petitioner. She filed a complaint for “concubinage,” however, it withdraw her from the operation of the immigration laws governing the
was dismissed for lack of merit. In 1982, the immigration status of petitioner admission and exclusion of aliens
was changed from temporary visitor to that of permanent resident. Petitioner
was issued an alien certificate of registration. Banez’ eldest son, Leonardo,
filed a letter complaint to the Ombudsman, subsequently referred to
Commission on Immigration and Deportation (CID). Petitioner was detained
at the CID detention cell. Petitioner moved for the dismissal of the
deportation case on the ground that she was validly married to a Filipino
citizen. CID disposed that the second marriage of Bernardo Banes to
respondent Djumantan irregular and not in accordance with the laws of the
Philippines. They revoked the visa previously granted to her.

Relevant Issue/s: W/N the immigration status of Djumantan, the admission


and the change from temporary to permanent, was legal? NO.

Holding: The immigration status of Djumantan violated the immigration


laws of the Philippines, more so when the petitioner did not disclose her
marriage to Banez to the immigration authorities when she was applying for
both temporary and permanent visa (she didn’t indicate her actual civil status,
being married to a Filipino, because the immigration would have been stricter
in giving her a visa). Yet the deportation, a right of the CID, has prescribed.
Tolling the prescriptive period from November 19, 1980, when Leonardo C.
Banez informed the CID of the illegal entry of petitioner into the country,
more than five years had elapsed before the issuance of the order of her
deportation on September 27, 1990. TRO on deportation of Djumantan was

You might also like

pFad - Phonifier reborn

Pfad - The Proxy pFad of © 2024 Garber Painting. All rights reserved.

Note: This service is not intended for secure transactions such as banking, social media, email, or purchasing. Use at your own risk. We assume no liability whatsoever for broken pages.


Alternative Proxies:

Alternative Proxy

pFad Proxy

pFad v3 Proxy

pFad v4 Proxy