The Court of Appeals (CA) has ordered the immediate release of Global Ferronickel Holdings Inc. (GFNI) chairman Joseph Sy from Bureau of Immigration (BI) detention “under pain of contempt.”
The resolution, rendered by the CA’s Eighth Division and dated September 23, likewise directed BI Commissioner Joel Anthony Viado and other respondent-appellants from the bureau to notify the appellate court of their action within five days from receiving notice.
However, Sy remains in immigration custody, as the BI appeals the decision with evidence allegedly supporting the mining executive’s deportation case.
The bureau, which alleges that Sy is Chen Zhong Zhen, a Chinese national falsely claiming to be a Filipino citizen, has initiated deportation proceedings against him.
On August 21, immigration operatives arrested Sy at the Ninoy Aquino International Airport (NAIA) Terminal 3.
GFNI president Dante Bravo subsequently filed a petition for writ of habeas corpus with the Taguig Regional Trial Court (RTC), which in turn granted the petition and ordered Sy’s release.
In response, the BI filed a notice of appeal, leading to the case records being transmitted to the CA. Sy also remained in detention despite the issuance of the writ of habeas corpus.
The petitioner-appellee then filed a motion for special raffle and issuance of an alias writ of execution before the CA, arguing that the respondent-appellants have no legal justification to continue holding Sy in detention.
The CA, in its aforementioned order affirming Sy’s release, denied the motion that it said was unnecessary: “Habeas corpus is a summary remedy instituted for the sole purpose of having the person of restraint presented before the judge in order that the cause of his detention may be inquired into and his statements final.”
“Given the summary nature of the proceedings, the directive to release the person detained is immediately executory without prejudice to further appeals that may be taken therefrom,” the CA ruled.
