G.R. No. 41391; September 6, 1934
TAN PING CO and TAN KIM, petitioner-appellants, vs. THE INSULAR COLLECTOR OF CUSTOMS, respondent-appellee.

FACTS

Tan Ping Co and Tan Kim (real name Chiu Ay Kim) were ordered deported by the Insular Collector of Customs. Tan Kim was admitted into the Philippines as the minor daughter of resident Chinese merchant Tan Ping Co. An investigation revealed Tan Kim was not his daughter but had been sold to a procurer, Yap Ah Huan, in China, was a prostitute there, and was brought to the Philippines to engage in prostitution. Tan Ping Co facilitated her fraudulent entry. After Tan Kim escaped and sought protection, investigations were held. Tan Ping Co refused to answer questions during his hearing. The board of special inquiry and the Collector found both subject to deportation under Section 19 of the Immigration Act of February 5, 1917. The Court of First Instance denied their petition for habeas corpus.

ISSUE

Whether the Insular Collector of Customs committed grave abuse of discretion in ordering the deportation of Tan Ping Co and Tan Kim.

RULING

No. The Supreme Court affirmed the deportation order. The findings of the administrative authorities were supported by evidence: Tan Kim gained entry by falsely posing as Tan Ping Co’s daughter and was engaged in prostitution. Tan Ping Co imported her for that immoral purpose. The board’s procedures were not abusive; Tan Ping Co’s counsel had opportunity to cross-examine but did not, and his refusal to testify justified inferences against him. The Collector’s power to deport under Section 19 of the Immigration Act of 1917, for importing a person for prostitution or being found practicing prostitution, was properly exercised. The decision of the lower court was affirmed.

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