THIRD DIVISION
[G.R. No. 215413. January 27, 2016.]
GYPSY NIRVANA, petitioner, vs. BUREAU OF IMMIGRATION AND DEPORTATION [BID]; COMM. SIEGFRED MISON AND MEMBERS OF THE BOARD OF COMMISSIONERS, ET AL., respondents.
NOTICE
Sirs/Mesdames :
Please take notice that the Court, Third Division, issued a Resolution dated January 27, 2016, which reads as follows:
"G.R. No. 215413 (Gypsy Nirvana vs. Bureau of Immigration and Deportation [BID]; Comm. Siegfred Mison and Members of the Board of Commissioners, et al.). — The Court resolves to NOTE:
(1) the Office of the Solicitor General's comment on the petitioner's withdrawal of petition, stating that respondents interpose no objection to the withdrawal of the petition considering that they have already stated their willingness to comply with the Court of Appeals' decision to deport the petitioner to the United Kingdom of Great Britain and Northern Ireland; and
(2) the letter dated January 18, 2016 of Brendan Gill, HM Consul, British Embassy Manila, addressed to the Division Clerk of Court, Third Division, this Court, relative to petitioner's withdrawal of the petition, stating, among others, that petitioner has decided to take said course of action which he deems the quickest way out of his seemingly indefinite incarceration, albeit his initial plan is to prove his innocence and requesting the early resolution of his case.
Gypsy Nirvana (petitioner) is a British national and was given an Immigrant Visa in the Philippines in 2007. On August 22, 2013, upon being informed of a standing warrant of arrest issued in Bangor, Maine, United States of America (USA) against the petitioner for federal money laundering and narcotics trafficking, the Bureau of Immigration and Deportation (BID) issued Mission Order No. SBM-2013-010 to conduct surveillance upon the petitioner. On August 28, 2013, the petitioner was apprehended in Olongapo City. On September 2, 2013, the BID Board of Governors issued a Summary Deportation Order (SDO) directing the deportation of the petitioner to his country of origin, the United Kingdom. 1
On September 7, 2013, the petitioner was about to fly on board Philippine Airlines to Los Angeles, USA first, and then take a connecting flight to London via British Airways when he became unruly and was therefore returned to the BID detention center. 2
On September 9, 2013, the petitioner filed an Urgent Petition for Certiorari with the Court of Appeals (CA) challenging the SDO. In the Decision 3 dated June 25, 2014, the CA dismissed the petition on the ground of non-exhaustion of administrative remedies. Notwithstanding, the CA found no grave abuse of discretion in the issuance of the SDO. The CA, however, noted the petitioner's fear for his life and safety if he passed through the USA; and for humanitarian reasons, the CA disposed, to wit:
WHEREFORE, in the light of the foregoing, the Petition is DISMISSED. In view of the fear of petitioner for his safety and security, the Bureau of Immigration is hereby DIRECTED to see to it that his flight back should be a direct flight from the Philippines to the United Kingdom of Great Britain and Northern Ireland, and if not feasible, the flight should not pass by any airport within the territorial jurisdiction of the [USA], and to SUBMIT a report on the action taken thereon within a non-extendible period of five (5) days reckoned from the time the flight of petitioner is booked.
SO ORDERED. 4
The petitioner filed the instant petition 5 assailing the CA decision and the resolution 6 denying the motion for reconsideration thereof.
On February 2, 2015, the Court required the respondents to file a Comment; 7 after which, the petitioner was required to file a Reply thereto. 8
On September 4, 2015, the Court received the petitioner's Withdrawal of Petition 9 dated August 17, 2015 stating that the petitioner manifests his intention to be deported to his country. The Court required the Office of the Solicitor General (OSG) to Comment thereon. 10
In its Comment, 11 the OSG interposed no objection to the withdrawal of the petition. In addition, the Court received a Letter 12 from Mr. Brendan Gill, HM Consul of the British Embassy Manila, stating that the petitioner has decided to withdraw said petition in Court and to implement the deportation order as his detention is affecting his mental health. HEITAD
Acting on Gypsy Nirvana's motion to withdraw the petition, the Court RESOLVES to GRANT the same. The Decision of the Court of Appeals dated June 25, 2014 in CA-G.R. SP No. 131666 is considered final and executory. The Bureau of Immigration and Deportation is DIRECTED to comply with the directives of the Court of Appeals with utmost dispatch.
The case is considered CLOSED and TERMINATED."
Very truly yours,
(SGD.) WILFREDO V. LAPITANDivision Clerk of Court
Footnotes
1. Rollo, pp. 47-48.
2. Id. at 48.
3. Penned by Associate Justice Agnes Reyes-Carpio with Associate Justices Marlene Gonzales-Sison and Priscilla J. Baltazar-Padilla concurring; id. at 46-56.
4. Id. at 55.
5. Id. at 12-44.
6. Resolution dated November 12, 2014, id. at 58-60.
7. Id. at 63.
8. Id. at 102-103.
9. Id. at 104-105.
10. Id. at 419-420.
11. Id. at 421-422.
12. Id. at 425.