Philippine Bureau of Immigration head Rolando Ledesma is facing a contempt threat from the Court of Appeals over the deportation of six of 14 Taiwanese to mainland China despite a standing habeas corpus order.
In an order last February 2, the CA's Special Sixteenth Division directed Ledesma to explain why he should not be cited in contempt for "defying the writ of habeas corpus," ordering the BI to present the six Taiwanese before the court.
Associate Justices Francisco Acosta, Vicente Veloso and Samuel Gaerlan compose the CA's Special Sixteenth Division.
GMA News Online is still trying to contact Ledesma as of posting time for his reaction.
Last December, the National Bureau of Investigation (NBI) arrested 14 Taiwanese and 10 mainland Chinese who were supposedly engaged in a multi-million dollar criminal activity using the Internet and mobile gadgets. The arrests were made upon Beijing's request.
The 24 foreigners were then deported to the People's Republic of China on Feb. 2, despite attempts by the Taiwan Economic and Cultural Office (TECO) officials and lawyers to have the 14 Taiwanese brought to Taiwan.
Taiwan had threatened that the "unpleasant incident" will adversely affect economic and labor ties with the Philippines and the plight of some 80,000 Filipino workers in Taiwan.
CA issues habeas corpus writ
Last January 31, the Court of Appeals issued a writ of habeas corpus ordering the BI to "produce the living bodies" of six of the Taiwanese: Chen Ho-Yang, Li Yuan Hsing, Tai Yao-Pin, Chen Chia Hsiang, Lee Hsiang Pin and Lin Ying Chang.
The six Taiwanese are represented by their counsels from the Jasarino Young Librojo Law Offices.
The CA told the BI to present the six Taiwanese at the CA’s Auditorium, Centennial building on February 2 at 2 p.m.
The CA also directed the BI, the NBI and the Department of Justice (DOJ) to submit a return of the writ on or before the scheduled hearing.
Under the Rules of Court on Habeas Corpus, the return should state whether the respondents has custody of the petitioners and, if so, on what grounds. The BI and the NBI are attached agencies of the DOJ.
Justice Secretary Leila de Lima had maintained the regularity of deporting the Taiwanese to mainland China. [See story: De Lima hopes Taiwan drops threats vs OFWs]
A CA official who declined to be identified said that on the scheduled habeas corpus hearing last February 2, appellate court justices learned from Assistant Solicitor General Renan Ramos that the six Taiwanese were already deported to China around 6 a.m. that day.
Ramos was quoted as saying that petitioners were summarily deported because the CA did not issue a temporary restraining order that would prevent the BI from bringing the foreigners to mainland China.
However, the CA official said the motion of the six Taiwanese for the issuance of a restraining order was still pending.
The justices were supposed to question Ledesma for supposedly defying the writ of habeas corpus but the Immigration chief was absent at the hearing, prompting the magistrates to issue a show cause order against him. — LBG/RSJ
