The Bureau of Immigration (BI) stands firm on its decision to detain a Chinese businessman facing charges of false representation despite a court order for the respondent’s release after granting his petition for habeas corpus.
BI chief Joel Anthony Viado said the detainee, Chen Hong Zhen also known as Joseph Sy, will remain in the agency’s custody notwithstanding the court order.
The Taguig City Regional Trial Court Branch 221 earlier granted Chen’s petition for habeas corpus and ordered his release, citing lack of jurisdiction.
Viado said while they respect the RTC decision, they would hold on Chen because they have strong evidence supported by biometric records.
Viado said they have elevated Chen’s case to the Court of Appeals (CA).
The BI maintained that Chen’s fingerprints match those of a Chinese national who previously held a long-term visa and an Alien Certificate Registration Identity Card.
The 60-year-old Chen was arrested at NAIA Terminal 3 last Aug. 21 for allegedly misrepresenting himself as a Filipino citizen.
He reportedly owned several major businesses in the Philippines and has ties with various economic and business groups in the country.
The BI remained confident that the CA would resolve the case with diligence and integrity “to protect national security and the rule of law.”
Meanwhile, Chen or Sy’s legal counsels argued that the BI had no basis to detain or deport their client because he is a Filipino.
In a statement, Sy’s legal counsels, Carla Santamaria-Seña and Dennis Manalo,
noted that the RTC recognized their client’s citizenship as firmly established, adding that the BI itself, along with the Department of Justice, the Securities and Exchange Commission, the Office of the President, and even the Supreme Court have upheld his Filipino citizenship in previous proceedings.
In its ruling, the RTC cited the long-standing doctrine in Chua Hiong vs. Deportation Board, which limits deportation to aliens only.
The decision also cited Republic vs. Harp, which held that once the BI and Justice department affirm aed person’s citizenship, that individual must be protected from deportation.
According to the statement, the court gave weight to Sy’s birth certificate and Philippine passports over the BI’s Alien Certificate of Registration (ACR) I-Card, ruling that the latter is not a public document with a presumption of truth.
The lawyers claimed that BI’s reliance on a biometrics certification without supporting fingerprint records was also dismissed as “gravely inadequate.”
The RTC declared the BI’s proceedings illegal and ordered Sy’s immediate release from custody.
“This ruling is more than a personal vindication for Sy. It is a resounding reminder that Filipino citizenship cannot be stripped away by speculation, recycled cases, or administrative overreach,” the counsels said.
