The Supreme Court affirmed the deportation order against Jimmy T. Go, also known as Jaime T. Gaisano, underscoring the principle that a second motion for reconsideration is generally prohibited and that final judgments must be immutable. The Court found that Go’s claim to Philippine citizenship, derived from his father’s alleged election of citizenship, did not prevent the Bureau of Immigration (BI) from proceeding with deportation. This decision reinforces the BI’s authority in immigration matters and the significance of adhering to procedural rules in legal challenges. The ruling highlights the importance of finality in judicial decisions, preventing endless litigation, and ensuring the efficient administration of justice.

Challenging Citizenship: Can a Claim Stall Deportation?

The case of Jimmy T. Go arose from a deportation complaint filed by Luis T. Ramos, who alleged that Go, despite representing himself as a Filipino, was actually a Chinese citizen in violation of the Philippine Immigration Act of 1940. Ramos presented Go’s birth certificate, which indicated his citizenship as “FChinese,” along with birth certificates of Go’s siblings showing they were born to Chinese parents. Go countered that his father, Carlos Go, Sr., had elected Philippine citizenship, thus making him a Filipino citizen as well. This claim hinged on Carlos Go, Sr.’s Oath of Allegiance and Affidavit of Election of Philippine Citizenship. The central legal question was whether Go’s claim of citizenship was substantial enough to halt the deportation proceedings and necessitate a formal judicial determination of his citizenship.

The BI initially dismissed the complaint, but the Board of Commissioners reversed this decision, leading to a charge sheet against Go for violating immigration laws. This triggered a series of legal challenges, including petitions before the Regional Trial Court (RTC) and the Court of Appeals (CA), all aimed at preventing the deportation. During these proceedings, the BI issued a decision ordering Go’s apprehension and deportation. This decision was based on documents indicating Go’s Chinese citizenship and the BI’s assessment that Carlos Go, Sr.’s election of Philippine citizenship was invalid because it was filed late. The Pasig RTC initially issued a writ of preliminary injunction, but it later dissolved the writ and dismissed the petition. The CA affirmed the RTC’s decision, leading to further appeals to the Supreme Court. The Supreme Court, in a related case, had already upheld the CA’s decision, finding that the evidence presented by Go was not substantial enough to oust the BI of its jurisdiction.

Building on this principle, the Supreme Court emphasized that a second motion for reconsideration is a prohibited pleading, as outlined in Section 2 of Rule 52 of the Rules of Court. The Court cited League of Cities of the Philippines (LCP), et al. v. COMELEC, et al., which reinforces this restrictive policy. According to A.M. No. 10-4-20-SC, as amended, a second motion for reconsideration can only be entertained in the higher interest of justice, requiring a vote of at least two-thirds of the Court’s membership. The Court found that the case did not warrant an exception to this rule. Upon reviewing the records, the Court noted that Go’s Motion for Leave to Attach a Second Motion for Reconsideration had already been denied, thus making the CA’s ruling correct in deeming the BI’s decision final.

The principle of immutability of judgment was central to the Court’s decision. This principle dictates that a final judgment, however erroneous, is no longer subject to change or revision. This was highlighted in Gonzales v. Solid Cement Corporation, where the Court stated that a decision that has acquired finality becomes immutable and unalterable. The orderly administration of justice requires that judgments reach a point of finality, preventing endless litigation. The Court acknowledged exceptions to this rule, such as the correction of clerical errors, nunc pro tunc entries, void judgments, and circumstances rendering execution unjust. However, these exceptions did not apply in Go’s case.

Furthermore, the Court addressed the issue of forum-shopping, defining it as repetitively availing of several judicial remedies in different courts, founded on the same facts and issues. The elements of forum shopping include identity of parties, identity of rights asserted, and identity of the two preceding particulars, such that any judgment rendered in one action will amount to res judicata in the other. The Court found that Go was guilty of forum-shopping because he had challenged the BI’s decision through multiple avenues, including appeals to the Office of the President and petitions for review before the CA, while simultaneously pursuing other legal remedies. This was deemed an abuse of the judicial process.

The Court referenced Tze Sun Wong v. Kenny Wong, outlining the options available to an aggrieved party from a denial by the BI Board of Commissioners: appealing directly to the CA, exhausting administrative remedies within the executive machinery, or resorting to certiorari before the CA on jurisdictional grounds. Go had availed himself of multiple remedies, indicating a desire to obtain a favorable judgment regardless of the proper legal channels. In line with this, the Supreme Court emphasized that its role was not to determine Go’s citizenship definitively, but rather to assess whether the BI proceedings should be enjoined. The Court reiterated that factual issues regarding citizenship must first be resolved before the BI, as the Supreme Court is not a trier of facts. Therefore, the petition was denied, affirming the CA’s decision and the finality of the BI’s deportation order.

FAQs

What was the key issue in this case?	The central issue was whether Jimmy T. Go’s claim of Philippine citizenship was substantial enough to prevent the Bureau of Immigration (BI) from proceeding with his deportation.
What is the principle of immutability of judgment?	The principle of immutability of judgment means that a final judgment, even if erroneous, cannot be changed or revised. This ensures that litigation comes to an end and promotes the orderly administration of justice.
What constitutes forum shopping?	Forum shopping involves repetitively using multiple judicial remedies in different courts based on the same facts and issues. It is considered an abuse of the judicial process.
What evidence was presented to support Go’s deportation?	Evidence included Go’s birth certificate indicating his citizenship as “FChinese,” and birth certificates of his siblings showing they were born to Chinese parents.
What was Go’s defense against the deportation order?	Go argued that his father, Carlos Go, Sr., had elected Philippine citizenship, making him a Filipino citizen as well.
Why did the BI deem Carlos Go, Sr.’s election of citizenship invalid?	The BI found that Carlos Go, Sr.’s election of Philippine citizenship was filed late, and that he filed his Oath of Allegiance before his election of citizenship, contrary to Sec. 1 of C.A. No. 625.
What options does a party have after a denial by the BI Board of Commissioners?	A party can appeal directly to the CA, exhaust administrative remedies within the executive branch, or resort to certiorari before the CA on jurisdictional grounds.
What did the Dissent say about the case?	It argued that the petitioner, a person who was born and has lived all his life in the country, ought to be given a review of his case prior to a possible mistaken deportation to another country. It also argued that Go, Sr. complied with Section 1 of CA 625.

This Supreme Court decision underscores the importance of adhering to legal procedures and respecting the finality of judgments. While the case involved complex issues of citizenship and immigration law, the Court’s ruling emphasizes the need for efficient administration of justice and the prevention of endless litigation. The decision serves as a reminder that claims of citizenship must be substantiated with sufficient evidence and pursued through proper legal channels.

For inquiries regarding the application of this ruling to specific circumstances, please contact ASG Law through contact or via email at frontdesk@asglawpartners.com.

Disclaimer: This analysis is provided for informational purposes only and does not constitute legal advice. For specific legal guidance tailored to your situation, please consult with a qualified attorney.
Source: Jimmy T. Go A.K.A. Jaime T. Gaisano v. Bureau of Immigration and Deportation, G.R. No. 191810, June 22, 2015