- Petitioner
- AGUS DWIKARNA, petitioner,
- Respondent
- HON. ANDREA D. DOMINGO, Commissioner, Bureau of Immigration, GEN. LEANDRO MENDOZA, Chief, Philippine National Police, GEN. JAIME G. CARINGAL, Chief, Intelligence Group, Philippine National Police, RONALDO P. LEDESMA, Chief, Bureau of Special Inquiry, and the Board of Commissioners, Bureau of Immigration, respondents
- Citation
- G.R. No. 153454
- Court
- Supreme Court
- Division
- En Banc
- Ponente
- CORONA
- Decided
- July 7, 2004
Summary
Indonesian national Agus Dwikarna was arrested at NAIA for possessing explosives and charged both criminally and with immigration violations. After his companions' charges were dropped, he was convicted of illegal possession of explosive materials and sentenced to imprisonment. He filed multiple petitions challenging his detention through habeas corpus, certiorari, prohibition and mandamus. The Supreme Court denied all remedies, ruling that extraordinary writs are improper when adequate remedies exist. The Court held that convicted aliens must serve their prison sentences before deportation under the Immigration Act, making his continued detention lawful. The decision emphasizes proper exhaustion of remedies and procedural requirements in challenging government actions.