GR 36080; (March, 1932) (Digest)
G.R. No. 36080 ; March 14, 1932
CHANG KA HEE, in behalf of his son Diong Song Keng, petitioner-appellee, vs. THE INSULAR COLLECTOR OF CUSTOMS, respondent-appellant.
FACTS
Diong Song Keng, a 14-year-old Chinese national, arrived in Manila and sought admission as the minor son of Chang Ka Hee, a Chinese citizen with a non-resident’s certificate. A board of special inquiry denied his petition after finding contradictions in their testimonies, notably regarding where the father taught before coming to the Philippines (the son said Amoy; the father said Fuklin). The Insular Collector of Customs affirmed the denial. Diong Song Keng then filed a petition for habeas corpus in the Court of First Instance of Manila, which reversed the customs officials’ decision and allowed his entry. The Insular Collector of Customs appealed.
ISSUE
Whether the customs authorities abused their discretion and authority in denying Diong Song Keng admission into the Philippines.
RULING
No. The Supreme Court reversed the Court of First Instance’s decision, upholding the denial of entry. The Court found that the contradictions in the testimonies of Diong Song Keng and his alleged father provided sufficient grounds for the customs officials to conclude that the claimed filiation was not established. Under established jurisprudence, decisions of customs officials on immigration matters may only be reversed if they involve an abuse of discretion or authority. Here, the findings were supported by evidence, and no such abuse occurred. Therefore, Diong Song Keng was not entitled to enter and remain in the country.
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