A Korean businessman convicted in 2014 of a crime involving moral turpitude, who was able to prevent deportation proceedings several times, will finally be deported after the Bureau of Immigration (BI) denied his motion for reconsideration with finality.
“Pursuant to Philippine Immigration Act of 1940 as amended and duly served resolution dated June 26, 2014 with reference SDO issued by the Board of Commissioners, you are hereby directed to immediately arrest and take into custody respondent Kang Tae-sik with last known address at 5650 Don Pedro Street, Poblacion, in Makati City,” the deportation order said, a copy of which was obtained by the Inquirer.
Deportation basis
Kang was arrested at his office in Makati City on Oct. 28 on the strength of a warrant of deportation based on a resolution dated Sept. 16, 2015 signed by the BI Board of Commissioners chaired by Commissioner Siegfred Mison with Gilberto Repizo and Abdullah Mangotara as members.
Based on immigration records, Kang was ordered deported for violation of Section 37(a)(3) of the Philippine Immigration Act, for having been convicted of two counts of violation of the Bouncing Checks Law.
In a statement, the BI said it ordered the arrest and immediate deportation of Kang following the denial of the Korean national’s motion for reconsideration based on the deportation charge dated May 12, 2014.
Based on the resolution of the BI’s Board of Commissioners dated Aug. 15, 2014, Kang was found guilty of and sentenced to imprisonment for violation of Batas Pambansa Blg. 22 or the Bouncing Checks Law.
Violation of BP Blg. 22 is a crime involving moral turpitude and under 37 (a) (3) of the immigration law, a foreign national who is convicted of a crime involving moral turpitude is subject for deportation.
Unseen hands
Lawyer Alex Tan who is pushing for the deportation of Kang said he feared that “unseen hands will again work to stop the deportation of the Korean national for the fourth time.”
Tan said the issuance of the warrant of deportation is in order, following the resolution dated Sept. 16, 2015, which attained finality 30 days thereafter, based on Rule XIV of Office Memorandum No. ADD-01-44 which states that “[t]he Judgment of the Board of Commissioners shall become final and executory after 30 days from the date of promulgation, unless within such period the President shall order the contrary.”
“The BI took cognizance of the case when it was remanded by the Department of Justice on Feb. 20, 2015. Thus, it has attained finality as there is no pending appeal,” BI spokesperson Elaine Tan explained.
“Kang is not precluded to avail of the remedies available to him. We are only enforcing the law,” assured Tan.