Administrative Order No. 368




MALACAÑAN PALACE MANILA BY THE PRESIDENT OF THE PHILIPPINES [ ADMINISTRATIVE ORDER NO. 368, August 27, 1975 ] DECLARING ADMINISTRATION ORDER NO. 19 DATED AUGUST 3, 1962 NULL AND VOID AB INITIO INSOFAR AS ROBERT P. BROOKS IS CONNECTED, ALLOWING HIM TO RETURN UPON COMPLIANCE WITH REQUIREMENTS OF PHILIPPINE IMMIGRATION ACT OF 1940 WHEREAS, a petition had been filed on behalf of Robert P. Brooks for the modification and/or amendment of Administrative Order No. 19 dated August 3, 1962; WHEREAS, under Administrative Order No. 19, Robert P. Brooks and other were deported from the country and forever banned from entering the country “on the strength of and based exclusively upon various documents, papers things, and effects seized by the agents of the National Bureau of Investigation from the residence and other premises of Robert P. Brooks, et al by virtue of search warrants issued by the courts.”; WHEREAS, March 20, 1962, an original action for certiorari, prohibition, mandamus and injunction was filed with the Supreme Court by Robert P. Brooks, et al docketed as G. R. No. L-19550, alleging that the search warrants issued against Robert P. Brooks, et all were null and void as contravening the Constitution and violative of the Rules of Court and consequently all documents, papers, things administrative as evidence in any processing against Mr. Brooks. WHEREAS, likewise, in an earlier case of Qua Chee Gan, et al vs. Deportation Board, G. R. No. L-10280, promulgated on September 30, 1963, the Supreme Court also explicitly declared that the Deportation Board was benefit of powers and authority to issue warrants of arrest against aliens to be investigated or being investigated for possible deportation; WHEREAS, in view of the Supreme Court’s decision on the Qua Chee Gan, et al and Stonehill, et al, cases, supra, the Deportation Board, acting upon a petition files before it in behalf of Robert P. Brooks, after due notice and hearing, rendered a report and recommendation dated December 16, 1968, decalring among other that: ” x x x evidence from which the findings of fact contained in the said order (referring to the Administrative Order No. 19) were gathered were either illegally seized, or not formally presented, or not presented or offered at all, hence the said findings of fact and conclusion of law purported to support the deportation of respondent Brooks are without basis. xx x.” and recommending the modification of Administrative Order No. 19 insofar as Robert P. Brooks in concerned.£A⩊phi£ WHEREAS, the Bureau of Internal Revenue has certified that neither Robert P. Brooks nor his wife Pacita Carrion has any tax liability with the said Bureau in favor of the Republic of the Philippines and the National Bureau of Investigation has likewise certified that Robert P. Brooks has no pending criminal or administrative case against him in any court or agency in the country; WHEREAS, Robert P. Brooks is married to a Filipina and himself was born in the Philippine and has expressed his sincere desire to contribute his share in his own humble way to the task of helping insure economic growth and progress of the country which he has already initiated by developing better quality leaf tobacco through free distribution tobacco seedlings to tobacco farmers; WHEREAS, in the light of all the foregoing and in the interest of justice and rule of law as consistently stressed to whomever it is lawfully due; NOW, THEREFORE, I, FERDINAND E. MARCOS, President of the Philippines, by virtue of the authority vested in me by law hereby declared Administrative Order No. 19 dated August 3, 1962 null and void ab initio insofar as Brooks, who was born and grew up in this country and married authorized a he is hereby authorized to return to the Philippines upon compliance with the requirements of the Philippine Immigration Act of 1940, as amended. DONE in the City of Manila, this 27th day of August, in the year of Our Lord, nineteen hundred and seventy-five. (Sgd.) FERDINAND E. MARCOS President of the Philippines By the President: (Sgd.) ROBERTO V. REYES Acting Executive Secretary The Lawphil Project - Arellano Law Foundation