Lao Hu Niu v. Insular Collector of Customs
REITERATIONFacts
The Antecedents: A Chinese woman and her minor children sought entry into the Philippine Islands. She claimed to be the widow of a deceased Chinese merchant who was a resident of the Philippines prior to his death, leaving property and his widow and minor children as his sole heirs. Procedural History: The board of special inquiry refused them permission to enter. This refusal was affirmed by the Court of First Instance of Manila. The Petition: The case reached the Supreme Court on appeal from the decision of the Court of First Instance.
Issue(s)
Whether the widow and minor children of a deceased resident Chinese merchant are entitled to enter the Philippine Islands solely by reason of their relationship. Whether the widow, as a merchant and successor to her husband's business, has the right to enter the Philippine Islands and bring her children with her.
Ruling
The judgment appealed from is affirmed, with costs. The applicant is not entitled to enter the Philippine Islands.
Ratio Decidendi
On the issue of whether the widow and minor children of a deceased resident Chinese merchant are entitled to enter the Philippine Islands solely by reason of their relationship: The Court reiterated its ruling in Ng Hian vs. Collector of Customs (34 Phil. Rep., 248) which held that the widow and minor children of a deceased Chinese merchant resident in the Philippine Islands at the time of his death are not entitled to enter the Philippine Islands solely by virtue of such relationship. Despite arguments to overrule the prior decision, the Court found no reason to depart from its established jurisprudence. The mere fact of being a widow or child of a deceased resident merchant does not automatically grant a right of entry. On the issue of whether the widow, as a merchant and successor to her husband's business, has the right to enter the Philippine Islands and bring her children with her: The Court found that the record did not establish that the applicant herself was a merchant. While her husband was a merchant and left a mercantile business as part of his inheritance, the Court held that this fact alone does not make the widow and children merchants. Furthermore, even if she were considered a merchant by succession, she was not a resident merchant, as she was outside the Philippine Islands and had never held such status. To establish her right to enter on her own status as a merchant, she was required to present the Section Six certificate, which is the sole evidence upon which her right to enter could be based. Since she failed to present this required documentation, her application to enter was properly denied.
Main Doctrine
The widow and minor children of a deceased resident Chinese merchant are not entitled to enter the Philippine Islands solely by reason of such relationship. To enter, the widow must establish her own right to entry as a merchant by presenting the required Section Six certificate, and cannot rely on the status of her deceased husband.