GR L 12472; (August, 1917) (Digest)
G.R. No. L-12472; August 11, 1917
Case Title: Dy Sun Tit, plaintiff-appellant, vs. The Insular Collector of Customs, defendant-appellee.
FACTS:
The plaintiff-appellant, Dy Sun Tit, sought entry into the Philippine Islands as the minor son of a deceased Chinese merchant who had been a resident in the Philippines. The appellant himself had never been in the Philippine Islands prior to his application for entry.
ISSUE:
Whether a minor son, who had never been in the Philippine Islands, may enter the country after the death of his father who had been a resident Chinese merchant.
RULING:
The Supreme Court, sitting en banc, ruled in the negative. The Court affirmed the judgment of the lower court denying the appellant’s right to enter the Philippine Islands. The decision was based on a line of prior jurisprudence which consistently held that the minor son of a deceased Chinese merchant, who had never resided in the Philippines, is not entitled to enter the country. The Court cited several precedents, including Lee Jua vs. Collector of Customs, Tan Lin Jo vs. Collector of Customs, Cang Kai Guan vs. Collector of Customs, Yap Tian Un (Sun) vs. Collector of Customs, Du Eng Hoa vs. Collector of Customs, Ng Hian vs. Collector of Customs, Lao Hu Niu vs. Collector of Customs, and Ex parte Chan Fool, 217 Fed. Rep., 308. Costs were imposed against the appellant.
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