De Lima upheld on deportations

MANILA, Philippines—The Court of Appeals (CA) has thrown out the petition for habeas corpus filed by six of 14 Taiwanese nationals who had questioned Justice Secretary Leila de Lima’s order deporting them to China early this year.

In upholding the legality of De Lima’s order, the appellate court said the petitioners’ deportation to Beijing on Feb. 2 was in consonance with the Philippine government’s “one-China policy.”

“It need not be overemphasized that it was more prudent for the government to deport the petitioners to mainland China pursuant to the one-China policy,” the court said in a 15-page resolution penned by Associate Justice Francisco Acosta.

Concurring with the decision were Associate Justices Vicente Veloso and Samuel Gaerlan.

“(T)he Philippines recognizes Taiwan as a province of China. As a matter of fact, during the hearing on 16 March 2011, the counsel for the petitioners admitted that the adherence by the government to the one-China policy was a political question,” the order said.

Citing the fact that the petitioners had already been deported, the court said the petition should be considered moot.

The petitioners were among a group of Taiwanese and Chinese tourists who were arrested in separate operations by the National Bureau of Investigation in Muntinlupa and Makati cities.

Authorities said the foreigners were behind a multimillion-dollar scam victimizing thousands of Chinese mainlanders.

Although the appellate court reiterated its earlier ruling finding the Taiwanese nationals’ arrest defective, it said the filing of a criminal case against them legitimized their arrest, detention and subsequent deportation.