Uy Po v. Insular Collector of Customs
REITERATIONFacts
1. The Antecedents: Uy Po, a Chinese national, sought entry into the Philippine Islands on July 6, 1914, claiming to be the minor son of Uy Kaan, a resident Chinese merchant. During the investigation, Uy Po stated he was 21 years old, born in China of Chinese parents, and that his father was a resident merchant in the Philippines. The board of special inquiry, however, concluded that Uy Po was not a minor, estimating his age to be between 25 and 27 years old, and also noted his failure to present the legally required certificate for the admission of Chinese. 2. Procedural History: The board of special inquiry initially denied Uy Po's entry. Following a second hearing, the denial was reaffirmed based on the finding that he was not a minor. An appeal to the Collector of Customs resulted in an affirmation of the denial, with the Collector also concluding that Uy Po appeared to be a mature person over twenty-one years of age. Subsequently, a petition for a writ of habeas corpus was filed in the Court of First Instance of Manila. The Honorable Simplicio del Rosario denied the petition, finding no abuse of authority by the customs department. Uy Po then appealed this decision to the Supreme Court. 3. The Petition: The appellant, Uy Po, appealed to the Supreme Court, raising several assignments of error. The primary contention addressed by the Court concerned whether the customs authorities abused their power and discretion in refusing entry. Uy Po argued, citing a previous Supreme Court decision (Chua Yu Seng vs. Collector of Customs), that even if he were 21 years old, he should be granted a reasonable time to elect his place of abode. The Supreme Court, however, found this argument to be based on obiter dicta from the cited case, distinguishing it from the present situation where the appellant was born in China and had never been in United States territory, unlike the appellant in the Chua Yu Seng case who was born in the Philippines. The Court affirmed the lower court's judgment, upholding the denial of entry.
Issue(s)
Whether the customs authorities abused their power and discretion in refusing the plaintiff the right to enter the Philippine Islands. Whether the plaintiff, even if 21 years of age, is entitled to a reasonable time within which to elect his place of abode.
Ruling
The judgment of the lower court, affirming the decision of the Collector of Customs, is affirmed. The petition for the writ of habeas corpus is denied.
Ratio Decidendi
On the issue of abuse of discretion by customs authorities: The Supreme Court held that the customs authorities did not abuse their authority. The record showed that the customs authorities concluded that the plaintiff was not a minor and was more than 21 years of age. There was proof upon which to base this conclusion, and therefore, the Court must find that there was no abuse of authority. The question of whether he was a minor under Chinese law was not raised or discussed in the record. On the issue of the right to elect place of abode: The Supreme Court distinguished the present case from the cited case of Chua Yu Seng vs. Collector of Customs. The Court clarified that any statement in the Chua Yu Seng decision supporting the plaintiff's contention must be considered obiter dicta, as it was not necessary to the decision in that case. The Chua Yu Seng case involved a person born in the Philippine Islands, whereas the present plaintiff was born in China of Chinese parents and had never been in the territory of the United States. The Court stated that no right of election has been extended to the children of resident Chinese who have never become citizens of the United States or the Philippine Islands. The law specifically limits the right of children of alien Chinese residents to enter the territory of the United States up to the date of their becoming of age, and this right of election does not extend beyond that period.
Main Doctrine
The right of Chinese children to enter the Philippine Islands is limited to the period before they reach the age of majority. The privilege of electing to take up abode within a reasonable time after reaching majority, as extended to children of citizens of the United States and the Philippine Islands, does not apply to children of resident Chinese aliens who have never become citizens.