People v. Wun
REITERATIONFacts
The Antecedents: The defendant, Li Sui Wun, arrived in Manila on February 28, 1911, presenting a "section six certificate" and was admitted without objection. The action was commenced on December 24, 1914, seeking his deportation under Act No. 702 of the United States Philippine Commission, alleging he was a laborer without being registered as such. Procedural History: The Court of First Instance of Manila ordered the deportation of the defendant. The defendant appealed this decision to the Supreme Court. The Petition: The main question presented was whether a Chinese alien admitted by virtue of a "section six certificate" could be deported from Philippine territory.
Issue(s)
Whether a Chinese alien admitted into the Philippine Islands by virtue of a "section six certificate" can be deported after changing his occupation to that of a laborer. Whether the "section six certificate" serves as a restriction on the right to remain in the Philippine Islands or merely facilitates entry.
Ruling
The Supreme Court reversed the decision of the lower court, ordering the deportation of the defendant to be set aside and allowing him to remain in the Philippine Islands. The Court agreed with the Attorney-General's request for reversal.
Ratio Decidendi
On the issue of deportation after changing occupation: The Court held that a Chinese alien lawfully admitted into the territory of the United States by virtue of a "section six certificate" has the right to remain therein indefinitely, standing on the same footing as any other alien from a most favored nation. The Court cited numerous Federal court decisions establishing that an alien lawfully admitted cannot be deported for a subsequent change in occupation, even if that change is to become a laborer. The "section six certificate" was not intended to be a restriction on their right to enter or remain, but rather a facilitation of entry for those classes permitted to enter under treaty. Therefore, the defendant could not be deported simply because he became a laborer after his lawful admission. On the nature of the "section six certificate": The Court clarified that the "section six certificate" serves only as evidence that the Chinese alien possesses the requisite qualifications to enter the territory of the United States. It is not a limitation upon their right to remain after entrance. The purpose of the certificate is to facilitate entry, not to restrict it. The Court reasoned that to hold otherwise would impute to Congress a purpose to disregard the treaty between the United States and China. Chinese persons holding the certificate are allowed to come and go, and enter and depart, of their own free will and accord, without their stay being limited to any particular period.
Main Doctrine
A Chinese alien lawfully admitted into the territory of the United States by virtue of a "section six certificate" has the right to remain therein indefinitely, irrespective of any subsequent change in occupation, standing on the same footing as aliens of any other most favored nation, and cannot be deported solely on the ground of becoming a laborer after admission.