Benjamin Kalaw, chief legal officer of the bureau, said that the complaints against Tariq Mian for alleged fraudulent claim of Philippine citizenship and violation of the Anti-Dummy Law were issues beyond the jurisdiction of the bureau.
"The jurisdiction of the Bureau of Immigration under Section 37 of the Philippine Immigration Act, and the citizenship issue alleged to have been violated by the respondent does not fall within its jurisdiction. Other issues which are purely criminal and civil in nature which arose in said case properly belonged to the jurisdiction of the regular courts and (are) not cognizable by the Bureau," Kalaw said in a resolution recommending the dismissal of the petition.
The recommendation throwing out for lack of jurisdiction the petition of lawyer Raymond Abad was approved by Immigration Commissioner Andrea Domingo, who said that the motion for reconsideration based on the grounds that were earlier raised does not merit a second look, unless the petitioner could raise new legal issues for the bureau to acquire jurisdiction.
Abad filed a complaint against Mian with the trial court in Makati for filing a petition that he be admitted as a Filipino when the decision on his Filipino citizenship had not yet become final and executory, and another complaint with the Department of Trade and Industry for allegedly misrepresenting himself as a Filipino citizen when he registered his business as the owner of Silver Rose General Merchandise. – Rey Arquiza