Yap Tian Un v. Insular Collector of Customs
REITERATIONFacts
1. The Antecedents: Yap Tian Un (Sun), a 17-year-old Chinese national, arrived in Manila seeking entry into the Philippine Islands. He claimed to be the minor son of a deceased Chinese merchant who had resided in the Philippines. Yap Tian Un stated he was born in China, had never been to the Philippines before, and did not possess the required "section six certificate." His mother and siblings remained in China. 2. Procedural History: The board of special inquiry denied Yap Tian Un entry and ordered his return to China. This decision was affirmed on appeal by the Insular Collector of Customs. Subsequently, a petition for a writ of habeas corpus was filed in the Court of First Instance of Manila. The lower court found an error of law in the denial of entry, ruling that as the minor son of a deceased Chinese merchant, Yap Tian Un was entitled to enter, and ordered his discharge from custody. 3. The Petition: The Attorney-General appealed the lower court's decision to the Supreme Court, assigning as error the finding that the minor son of a deceased resident Chinese merchant has an automatic right to enter the Philippines solely based on that relationship, and the reversal of the Insular Collector of Customs' decision. The core legal question presented is whether the minor son of a resident Chinese merchant may enter the territory after the father's death without the requisite certificate. The appellant's brief referenced an identical case for its argument.
Issue(s)
Whether the minor Chinese son of a resident Chinese merchant may enter the Philippine Islands after the death of his father without a 'section six certificate.'
Ruling
The Supreme Court revoked the judgment of the lower court, affirmed the order of deportation made by the Collector of Customs, and denied the writ of habeas corpus, ordering the petitioner to be returned to the Collector of Customs for deportation.
Ratio Decidendi
On Issue 1: The Supreme Court held that the minor son of a deceased resident Chinese merchant does not have an inherent right to enter the Philippine Islands based solely on that relationship if the father is no longer living at the time of arrival. Applying the doctrine established in Tan Lian Jo vs. Collector of Customs, the Court reiterated that a minor who has never resided in the territory requires a 'section six certificate' if the merchant father is deceased. The Court further relied on Lee Jua vs. Collector of Customs, which explicitly ruled that the wife and minor children of a resident merchant are barred from entry if the anchor relative (the husband or father) has died. The reasoning is that the right of entry for such dependents is derivative; since the father's status as a merchant ended upon his death, there is no longer a legal basis for the minor's exemption from the certificate requirement. The Court also emphasized the importance of following the precedent set in Cang Kai Guan vs. Collector of Customs and Ex parte Can Fooi. Consequently, the Court found that the Insular Collector of Customs did not commit an error of law in ordering deportation. Additionally, the Court noted that the appellee's brief, which merely cross-referenced another case, provided no assistance to the Court and failed to meet the standards for a legal brief.
Main Doctrine
The minor son of a deceased resident Chinese merchant, who has never been in the Philippine Islands before, is not permitted to enter the Philippine Islands without the "section six certificate."