REMEDIAL LAW | Domingo vs. Scheer G.R. No. 154745, January 29 2004

Domingo vs. Scheer 

G.R. No. 154745, January 29 2004


FACTS Herbert Markus Emil Scheer, a German national, was granted permanent resident status in the Philippines on July 18, 1986. He established a life there, marrying a Filipina and having children. The Bureau of Immigration (BOI) received information from the German Embassy regarding Scheer's police records and financial liabilities in Germany, including a warrant for his arrest for insurance fraud. On September 27, 1997, the BOI issued a Summary Deportation Order against Scheer, leading to his inclusion in the Bureau's blacklist. Scheer filed a motion for reconsideration against the deportation order, arguing violations of due process and disputing the evidence used against him. The BOI failed to resolve his motion for over six years. In the meantime, Scheer received a temporary passport from the German Embassy after a criminal case against him in Germany was dismissed. In June 2002, Scheer was arrested by immigration agents based on the earlier deportation order. He filed a petition for certiorari to contest his arrest and seek a resolution of his motion for reconsideration. Whether the Board of Commissioners (BOC) was an indispensable party to Scheer's petition.


RULING The Supreme Court ruled that the BOC was indeed an indispensable party to Scheer's petition. Since the arrest and detention were based on the BOC's Summary Deportation Order, their involvement was necessary for the Court to adjudicate the issues raised by Scheer. The Court further concluded that the grounds cited in the Summary Deportation Order were moot due to the issuance of a new passport to Scheer, which eliminated the legal basis for his deportation. The BOC's inaction on Scheer's motion for reconsideration also contributed to the invalidation of the deportation order.







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