Go Chien v. Collector of Customs of Cebu
REITERATIONFacts
1. The Antecedents: The underlying dispute concerns the right of entry of two minor Chinese boys, Go Chen and Go Lek, into the Philippine Islands. Their mother, Tan Bon, a Chinese widow, remarried a Chinese merchant and resided in the Philippines for eight years. She ordered her sons, who remained in China under the care of a paternal uncle, to join her. The boys arrived in the Philippines and were admitted to reside with their mother, who was engaged in the furniture business and considered a resident merchant. 2. Procedural History: The Collector of Customs of Cebu opposed the entry and continued residence of Go Chen and Go Lek. The matter proceeded to the Court of First Instance of Cebu, which granted the writ of habeas corpus applied for by the petitioners, ordering their liberty and permission to remain in the Philippine Islands. The Collector of Customs appealed this decision to the Supreme Court. 3. The Petition: The appeal was brought before the Supreme Court by the Collector of Customs of Cebu, assigning two main errors to the trial court's decision. The appellant argued that the trial court erred in holding that a minor's right to enter or remain in the Philippines is not a consequence of patria potestad and erred in issuing the writ of habeas corpus. The core of the appeal centers on whether Tan Bon, having entered the Philippines based on her second husband's status as a resident merchant, could then bring her minor children from a previous marriage into the islands, given that their biological father had never resided there.
Issue(s)
Whether the right of a minor to enter or remain in the Philippine Islands is a consequence of the exercise of patria potestad. Whether the trial court erred in issuing the writ of habeas corpus.
Ruling
The judgment appealed from is reversed, and the writ of habeas corpus denied, with costs against the appellees.
Ratio Decidendi
On the issue of the right of a minor to enter or remain in the Philippine Islands and its relation to patria potestad: The Court held that the right of a Chinese woman to enter the Philippine Islands is derived from her husband's right, not her own. Consequently, minor children's right to enter is derived from their father's right. In this case, Tan Bon, the mother, entered the Philippines by virtue of her second husband's right as a Chinese merchant. The petitioners are children of Tan Bon by her first husband, Go Tuan, who never had a legal residence in the Philippines. Therefore, the petitioners cannot claim a right of entry through their mother, as her right was not her own but derived from her second husband, and they are not children of this second husband. The principle that a man's domicile is also the domicile of his wife and minor children, and that he is bound to protect and support them, forms the basis of their right of entry. However, this principle applies to the children of the husband through whom the right of entry is claimed. The mere fact that Tan Bon became a resident merchant after coming to the Islands does not grant her the right to bring in her minor children from a previous marriage, as her right to remain was based on her status as the wife of a Chinese merchant who had legal residence. The Court cited previous rulings that the mere fact of becoming a merchant after arrival does not confer a right to remain. On whether the trial court erred in issuing the writ of habeas corpus: Based on the foregoing reasoning, the Court found that the petitioners were not entitled to enter or remain in the Philippine Islands. Their mother's right of entry was derivative and not her own, and they were not children of the husband through whom she derived her right. Therefore, the writ of habeas corpus, which orders their liberty and permission to remain, was erroneously issued. The Court reversed the judgment of the lower court and denied the writ.
Main Doctrine
A Chinese woman entering the Philippine Islands not on her own right but by virtue of her second husband's right, has no right to bring in her minor children by the first husband, who never had a legal residence in this country.