G.R. No. 40895 ; March 5, 1934
Teofilo Haw vs. The Insular Collector of Customs

FACTS

Petitioner Teofilo Haw, a 17-year-old minor, arrived in Manila from China and claimed the right to enter as a native-born citizen. He was born in Gumaca, Tayabas, Philippine Islands, on February 13, 1916, to Chinese parents. In 1927, his parents took him to China, where they all resided until his attempted return in 1933. The Insular Collector of Customs denied his entry, citing that his parents permanently left the Philippines, issues with an identification affidavit, and that he might become a public charge.

ISSUE

Whether the minor petitioner, born in the Philippines of Chinese parents, lost his Philippine citizenship by residing in China with his parents during his minority, thereby justifying his exclusion by customs authorities.

RULING

No. The Supreme Court affirmed the lower court’s grant of the writ of habeas corpus. A person born in the Philippines is a Philippine citizen. The petitioner, being a minor, could not renounce or be expatriated from his Philippine citizenship. His temporary absence with his parents did not constitute an implied renunciation. Such renunciation, if any, could only be inferred from his conduct after attaining majority. As a citizen, he had the right to return, and the Collector of Customs had no authority to exclude him.

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