Tan Lin Jo v. Insular Collector of Customs
REITERATIONFacts
The Antecedents: Tan Lin Jo, claiming to be fourteen years of age and the son of Tan Sui Bok, a deceased Chinese merchant who died in the Philippine Islands in 1908, arrived at the port of Manila on January 11, 1915, aboard the steamship Taisang. Tan Lin Jo had never lived in the Philippine Islands, and his mother had died in China. His father's estate was valued at P3,992.93. Procedural History: A board of special inquiry held an examination on January 8, 1915, concerning Tan Lin Jo's right to enter the Philippine Islands. The board denied his entry on the ground that he did not possess the certificate required by law for the admission of Chinese individuals. An appeal to the Insular Collector of Customs was affirmed on January 19, 1915. The Petition: Tan Lin Jo filed a petition for a writ of habeas corpus in the Court of First Instance of Manila on January 30, 1915, alleging his right to enter as the minor son of a deceased resident Chinese merchant.
Issue(s)
Whether a minor son of a resident Chinese merchant has a right to enter the Philippine Islands after the death of his father, without presenting the "section six certificate." Whether the Attorney-General has the right to represent officials of the Insular Government in a writ of habeas corpus directed to the Insular Collector of Customs. Whether the department of Customs is authorized to pass upon the right of Chinese aliens to enter the territory of the United States.
Ruling
The judgment of the lower court is affirmed. The petition for a writ of habeas corpus is denied.
Ratio Decidendi
On the right of a minor son of a deceased Chinese merchant to enter the Philippine Islands: The Court reiterated its previous rulings that while the wife and minor children of a resident Chinese merchant could enter without the "section six certificate" while the husband and father was alive, this right is contingent upon the presence of the parents in the territory. The Court cited Ex parte Chan Fooi, which held that if the father dies between the time of the minor's departure from China and arrival in the United States, the minor has no right to enter. The Court emphasized that Section 12 of the Act of Congress clearly states that no Chinese person shall be permitted to enter the United States without the required certificate. The petitioner's claim that he should be relieved from producing the certificate due to his father's death and the hardship it would cause was deemed untenable. His status as the son of a resident merchant was destroyed by his father's death, and if he wished to enter as a student or merchant for the first time, he must procure the "section six certificate" as prescribed by law. The hardship occasioned by this requirement is beside the point, as the law is clear. On the right of the Attorney-General to represent Insular Government officials: The Court affirmed its previous decisions that the Attorney-General, in his official capacity, has the right to represent officials of the Insular Government in a writ directed to the Insular Collector of Customs, by virtue of his official duties, citing Section 45 of Act No. 136 and other cases. On the authority of the Department of Customs to pass upon the right of Chinese aliens to enter: The Court reiterated its numerous decisions holding that the department of Customs is authorized, in the first instance, to pass upon the question of the right of Chinese aliens to enter the territory of the United States.
Main Doctrine
A minor son of a deceased Chinese merchant residing in the Philippines, who has never resided in the Philippine Islands, cannot enter the territory of the United States without the "section six certificate," even if his father was a resident merchant at the time of his death.