G.R. No.

L-13862 April 15, 1918

In re R. McCULLOCH DICK.

Kincaid & Perkins, W. H. Lawrence and D. R. Williams for petitioner.

Acting Attorney-General Paredes for the Government.

Facts:

R.McCulloch Dick, is the editor and proprietor of the Philippines Free press, a periodical
published weekly in the city of Manila. There was a publication of certain articles in that paper
which tends to obstruct the Government of the Philippines Islands in policies inaugurated for the
prosecution of the war between the United States and the German Empire, and other articles
which have tended to create a feeling of unrest and uneasiness in the community.

He is being detained because the Governor-General of the Philippines ordered his

deportation but before the Governor General gave his order, there was an investigation in the
manner and form prescribed in Sec. 69 of the Administrative Code.

Petitioner, filed for a writ of habeas corpus so that he may be discharged from detention
by the acting chief of police of the City of Manila.

Issue:

Whether or not the Governor –general could exercise the deportation power in the
absence of statutory authority?

Rulings:

Yes, the Governor-General has the power to institute and maintain deportation
proceedings.

The discretionary power to deport” undesirable aliens whose continued presence in the
Philippine Islands is a menace to the peace and safety of the community,’ as an act of state,
having been conferred upon the Governor-General, to be exercised by him upon his own opinion
as to whether the facts disclosed by an investigation had in accord with Sec. 69 of the
administrative code justify of necessitate deportation in a particular case, he is the sole and
exclusive judge of the existence of those facts, and no other tribunal is at liberty to re- examine or
controvert the sufficiency of the evidence on which he acted.

SECTION 69. Deportation of subject of foreign power. – A subject of a foreign power residing in the
(Philippine Islands) Philippines shall not be deported, expelled, or excluded from said Islands or
repatriated to his own country by the (Governor-General) President of the Philippines except upon
prior investigation, conducted by said Executive or his authorized agent, of the ground upon which
such action is contemplated. In such case the person concerned shall be informed of the charge or
charges against him and he shall be allowed not less than three days for the preparation of his
defense. He shall also have the right to be heard by himself or counsel, to produce witnesses in his
own behalf, and to cross-examine the opposing witnesses.