determination is permitted in cases when the courts themselves believe that

Determination is permitted in cases when the courts

This preview shows page 16 - 18 out of 53 pages.

determination is permitted in cases when the courts themselves believe that there is substantial evidence supporting the claim of citizenship so substantial that there are reasonable grounds for the belief that the claim is correct. Moreover, when the evidence submitted by a deportee is conclusive of his citizenship, the
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right to immediate review should also be recognized and the courts shall promptly enjoin the deportation proceedings. While we are mindful that resort to the courts may be had, the same should be allowed only in the sound discretion of a competent court in proper proceedings.1âwphi1 After all, the Board’s jurisdiction is not divested by the mere claim of citizenship. Moreover, a deportee who claims to be a citizen and not therefore subject to deportation has the right to have his citizenship reviewed by the courts, after the deportation proceedings. The decision of the Board on the question is of course, not final but subject to review by the courts. After a careful evaluation of the evidence, the appellate court was not convinced that the same was sufficient to oust the Board of its jurisdiction to continue with the deportation proceedings considering that what were presented particularly the birth certificated of Jimmy, as well as those of his siblings, Juliet Go and Carlos Go, Jr. indicate that they are Chinese citizens. Furthermore, like the Board, it found the election of Carlos of Philippine citizenship, which was offered as additional proof of his claim, irregular as it was not made on time. We find no cogent reason to overturn the above findings of the appellate tribunal. The question of whether substantial evidence had been presented to allow immediate recourse to the regular court is a question of fact which is beyond this Court’s power of review for it is not a trier of facts. None of the exceptions in which this Court may resolve factual issues has been shown to exist in this case. Even if we evaluate their arguments and the evidence they presented once again, the same conclusion will still be reached.28 The Bureau of Immigration is the agency that can best determine whether petitioner Go violated certain provisions of C.A. No. 613, as amended. In this jurisdiction, courts will not interfere in matters which are addressed to the sound discretion of government agencies entrusted with the regulation of activities coming under the special technical knowledge and training of such agencies.29 By reason of the special knowledge and expertise of administrative departments over matters falling within their jurisdiction, they are in a better position to pass judgment thereon and their findings of fact in that regard are generally accorded respect, if not finality by the courts.30 Moreover, a petition for review under Rule 45 of the Rules generally bars any question pertaining to the factual issues. The well-settled rule is that questions of fact are not reviewable in petitions for review
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  • Fall '16
  • Law, Supreme Court of the United States, Appellate court

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