People v. Lim Kiu Eng
REITERATIONFacts
The Antecedents: The defendant, Lim Kiu Eng, arrived in the Philippine Islands on June 4, 1909, and was permitted entry as a clerk for the Chinese consulate in Manila. No objection was raised to his entry at that time. Subsequently, he left the consulate's employment and engaged in mercantile business. A complaint was filed charging him with being in the Philippine Islands without the necessary certificate of residence, leading to an effort to deport him. Procedural History: An investigation by customs authorities referred the matter to the Court of First Instance. The Honorable Simplicio del Rosario, judge, found the defendant to be illegally within the Philippine Islands and ordered his deportation. The defendant appealed this judgment to the Supreme Court. The Petition: The defendant appealed the order of deportation, arguing that his initial entry was lawful and that he was not required to possess a certificate of residence as he belonged to an exempt class at the time of entry.
Issue(s)
Whether a Chinese person who was rightfully admitted into the Philippine Islands, belonging to an exempt class at the time of entry, can be deported after ceasing to belong to that class. Whether the employment as a clerk for the Chinese consulate justified the defendant's entry without a "section six certificate."
Ruling
The judgment of the lower court ordering the deportation of the defendant is hereby revoked. The defendant is not subject to deportation.
Ratio Decidendi
On the issue of deportation after lawful entry: The Court held that if a Chinese person is rightfully admitted into the territory of the United States, they may remain therein, even though they subsequently cease to belong to the class to which they belonged at the time of entrance. The purpose of the Act of Congress was not to exclude all Chinese persons but to regulate entry. The "section six certificate" was intended to facilitate entrance, not to restrict the right to remain. The Court cited numerous Federal court decisions supporting this principle, including cases where minor children admitted to join parents were not deported upon reaching majority even if they became laborers. The defendant's initial lawful admission into the territory of the United States, without any charge of fraud, meant he had the right to remain. The record contained nothing to justify his deportation. On the justification for entry without a "section six certificate": The Court affirmed that the defendant's employment as an employee of the Chinese consulate in Manila justified the authorities in permitting him to enter without the "section six certificate." This employment served as a substitute for the required certificate. Therefore, his right to remain in the territory of the United States was equivalent to that enjoyed by Chinese persons holding the "section six certificate."
Main Doctrine
A Chinese person rightfully admitted into the Philippine Islands, even if subsequently ceasing to belong to the exempt class at the time of entrance, cannot be deported if there is no charge of fraud and their initial entry was justified.