GR 35980; (February, 1932) (Digest)
G.R. No. L-35980; February 20, 1932
GO CHIEN and GO LEK, petitioners-appellees, vs. THE COLLECTOR OF CUSTOMS OF CEBU, respondent-appellant.
FACTS
The petitioners, Go Chien and Go Lek, are minor children of Go Tuan (deceased) and Tan Bon. After Go Tuan’s death in China, Tan Bon remarried a Chinese merchant and was admitted to reside in the Philippine Islands as the merchant’s wife. Eight years later, Tan Bon, now engaged in business in Cebu, sought to bring her minor children from her first marriage into the Philippines. The petitioners arrived but were denied entry by the Collector of Customs. They filed a petition for a writ of habeas corpus, which the Court of First Instance granted, ordering their release and permission to remain. The Collector of Customs appealed.
ISSUE
Whether a Chinese woman who entered the Philippines not on her own right but by virtue of her second husband’s right as a merchant is entitled to bring in her minor children from her first marriage.
RULING
No. The Supreme Court reversed the lower court’s judgment and denied the writ of habeas corpus. The right of a wife or minor children to enter the Philippines is derived from the right of the husband/father who is a member of a privileged class (e.g., a merchant). Here, Tan Bon’s right of residence was derived solely from her second husband’s status. The petitioners, being children of her first husband who never had legal residence in the Philippines, cannot derive a right of entry from their mother, as she herself possessed no independent right of entry. Their entry cannot be based on her subsequent business activity, as her legal right to remain was still contingent on her husband’s status.
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