Haw v. Insular Collector of Customs
REITERATIONFacts
The Antecedents: Teofilo Haw, a minor of seventeen years, arrived in Manila from China on October 19, 1933, claiming the right to enter and reside in the Philippine Islands as a native-born citizen. Haw was born in Gumaca, Tayabas, Philippine Islands, on February 13, 1916, to parents of Chinese descent. His parents had taken him to China in 1927 and had not returned to the Philippines since, nor had he, until his arrival. Procedural History: The Insular Collector of Customs, following a decision by a board of special inquiry, denied Haw's admission and ordered his return to China. The grounds for denial included the permanent departure of his parents from the Philippines, issues with an identification affidavit apparently belonging to his brother, and the possibility of Haw becoming a public charge. Haw then filed a petition for a writ of habeas corpus in the Court of First Instance of Manila, which ruled in his favor, ordering his admission. The Insular Collector of Customs appealed this decision to the Supreme Court. The Petition: The Insular Collector of Customs appealed the lower court's decision, arguing that the petitioner, being a minor under the parental authority of his Chinese parents, could not yet exercise the right to elect nationality and followed the nationality of his parents. The appellant also contended that the petitioner had been expatriated by his parents. The Supreme Court, however, found that the petitioner's birth in the Philippines made him a citizen thereof, and his temporary absence with his parents did not constitute expatriation, especially as he was not sui juris to renounce his citizenship. The Court affirmed the lower court's judgment, holding that the Collector of Customs had no lawful authority to exclude a citizen of the Philippine Islands.
Issue(s)
Whether the petitioner, a minor born in the Philippine Islands of Chinese parents, who left the Islands with his parents during his minority and has returned, is a citizen of the Philippine Islands with the right of entry. Whether the petitioner's temporary absence from the Philippine Islands with his parents constitutes expatriation during his minority. Whether the petitioner, being a minor under parental authority, can elect a nationality or is deemed to follow the nationality of his parents.
Ruling
The judgment of the Court of First Instance of Manila is affirmed. The Insular Collector of Customs had no lawful authority to exclude the petitioner.
Ratio Decidendi
On the petitioner's citizenship and right of entry: The petitioner's birth in the Philippine Islands makes him a citizen thereof. As a citizen and subject of these Islands, it is his right to return thereto, and it is the country's obligation to receive him. The objections raised by the respondent regarding his parents' domicile, the identification affidavit, and the petitioner becoming a public charge are irrelevant to his right of entry as a native-born citizen. On expatriation during minority: The Court clarified that expatriation may be accomplished by citizens sui juris through express or implied renunciation of citizenship. Implied renunciation can be inferred from a long period of absence and adoption of a foreign domicile without intention to return. However, the petitioner, not being sui juris and being under the control of his father, cannot renounce his Philippine citizenship. His temporary absence from the Philippines with his parents is not sufficient to warrant an implied renunciation during his minority. Such an inference would only be considered after he attains his majority and based on his conduct thereafter. On election of nationality and parental authority: The assignments of error suggesting the petitioner, as a minor, cannot exercise the right of electing nationality and follows his parents' nationality were deemed to assume dual nationality. The Court noted that it could not take judicial notice of Chinese law regarding nationality, and there was no proof in the record that the petitioner was a citizen of China. Therefore, no question of election of nationality was involved. Furthermore, the petitioner, being under parental authority, could not renounce his Philippine citizenship during his minority.
Main Doctrine
A minor born in the Philippine Islands of Chinese parentage, who left the Islands with his parents during his minority and has returned, is a citizen of the Philippine Islands and possesses the right of entry, and his temporary absence with his parents does not constitute expatriation during his minority.