G.R. No. L-9309; March 31, 1915
GAN BUN CHO, plaintiff-appellee, vs. THE INSULAR COLLECTOR OF CUSTOMS, defendant-appellant.

FACTS:
The plaintiff, Gan Bun Cho, arrived at the port of Manila on November 11, 1912, aboard the steamship Taisang and sought entry into the Philippine Islands. He presented a “section six certificate” issued by Chinese officials in Foochow, China, and countersigned by a United States consul, which allowed him to enter. Subsequently, he applied to the Insular Collector of Customs for a certificate of residence under Section 7 of Act No. 702 . The Collector denied his application, contending that Section 7 did not apply to Chinese persons who entered under a “section six certificate.” Gan Bun Cho then filed a petition for a writ of mandamus in the Court of First Instance of Manila to compel the Collector to issue the certificate. The court granted the writ, ordering the Collector to issue the certificate. The Collector appealed the decision.

ISSUE:
Whether the Insular Collector of Customs is duty-bound under Section 7 of Act No. 702 to issue a certificate of residence to a Chinese person who entered the Philippine Islands under a “section six certificate.”

RULING:
The Supreme Court reversed the decision of the lower court and denied the petition for mandamus. The Court held that Section 7 of Act No. 702 was not intended to apply to Chinese persons entering under a “section six certificate.” While the Court did not definitively rule on whether a holder of a “section six certificate” could remain permanently in United States territory, it concluded that such a holder was not entitled to the certificate of residence provided under Section 7. The Court emphasized that the “section six certificate” served as evidence of the right to enter and did not inherently restrict the duration of stay, but this did not translate to an entitlement to the specific certificate of residence under Philippine law. The petition was denied without costs.