GR L 13236; (October, 1918) (Digest)
G.R. No. L-13236; October 21, 1918
CHUN CHONG on behalf of Chun Lei and Chun Ken, petitioner-appellant, vs. THE INSULAR COLLECTOR OF CUSTOMS, respondent-appellee.
FACTS:
Chun Chong, Chun Lei, and Chun Ken arrived at the port of Manila on January 2, 1917. The Board of Special Inquiry found Chun Chong to be a United States citizen entitled to land, but denied entry to Chun Lei and Chun Ken, ruling they were Chinese aliens without the required “Section 6 Certificate.” Chun Chong claimed Chun Lei (27) and Chun Ken (20) were his legitimate minor sons and thus exempt from the certificate requirement. The Insular Collector of Customs affirmed the denial. Chun Chong then filed a petition for a writ of habeas corpus in the Court of First Instance of Manila, which upheld the customs authorities’ decision. Chun Chong appealed to the Supreme Court.
ISSUE:
Did the Department of Customs abuse its power, authority, or discretion in denying Chun Lei and Chun Ken entry into the Philippine Islands?
RULING:
Yes, the Department of Customs abused its discretion. The Supreme Court held that the grounds cited by the customs authorities for denying entry were insufficient to disregard the positive and uncontradicted evidence establishing the father-son relationship. The Court noted:
1. Minor contradictions in the testimonies regarding the purpose of the trip did not outweigh the direct and undisputed declarations of paternity, corroborated by other witnesses.
2. The fact that Chun Chong traveled first-class while his alleged sons traveled second-class did not disprove their relationship, considering Asian family customs.
3. The lack of physical resemblance between the alleged father and sons was not conclusive evidence against paternity, as lineage cannot depend solely on physiognomy.
The Court emphasized that while customs authorities have broad discretion, they must provide valid reasons for rejecting direct, positive, and undisputed testimony. Here, the evidence conclusively established that Chun Lei and Chun Ken were the legitimate minor sons of Chun Chong, entitling them to enter as exceptions to the “Section 6 Certificate” requirement. The decisions of the lower court and the Department of Customs were reversed, and Chun Lei and Chun Ken were granted the right to enter the Philippine Islands.
Arellano, C.J., Torres, Street, and Fisher, JJ., concurred. Malcolm, J., dissented without opinion.