BI gets nod to deport German national
MANILA, Philippines—The Court of Appeals has allowed the Bureau of Immigration to deport a German national wanted in Germany for defrauding investors of about 24-million Euros.
In a six-page decision, the appeals court’s 13th division, through Associate Justice Celia Librea-Leagogo dismissed outright the petition filed by Josef Blashchak, citing procedural error he committed in filing the petition.
The appeals court said Blashchak should have taken his case to the Office of the Secretary of Justice or the Office of the President.
“We dismiss the petition outright. Petitioner (Blashchak) committed a procedural misstep when it resorted to the instant petition for certiorari,” the appeals court said.
The appeals also took note of the petitioner’s admission that the deportation order had already attained finality.
“Clearly, petitioner chose the wrong remedy as certiorari is not a substitute for a lapsed or lost appeal,” the appeals court said.
A warrant for Blashchak was issued by the District Court of Mannheim, Germany on March 28, 2011 for fraud of about 24 million euros.
It added that on July 29, 2011, the Embassy of the Federal Republic of Germany informed the bureau that it has invalidated the passport issued to Blashchak, making him an undocumented and fugitive alien.
In response, the BI issued in November 2011 a summary deportation order against the German national for being undocumented and fugitive alien.
Blashchak was subsequently arrested on December 6, 2011 and denied his petition for bail.
On June 18, 2012, Romblon Rep. Elandro Jesus Madrona requested that the German national be provisionally released on recognizance, which it granted in an order issued on July 20, 2012.
However, his provisional liberty was canceled by the BI two months after it received an information from the German embassy that there is a high risk that he will use his provisional liberty to go into hiding, as he did before.
Concurring with the ruling were Associate Justices Franchito Diamante and Melchor Sadang.
