G.R. No. 32075 / February 17, 1930
YU CHI AY and CHUA SENG, petitioners-appellees, vs. THE INSULAR COLLECTOR OF CUSTOMS, respondent-appellant.

FACTS

On April 1, 1927, Yu Chi Ay and Chua Seng applied for admission into the Philippines as the daughter and wife, respectively, of resident Yu Ak. The Board of Special Inquiry and the Insular Collector of Customs denied their application due to insufficient proof that Yu Ak was a merchant at the time of their arrival. The petitioners then filed a petition for a writ of habeas corpus in the Court of First Instance of Manila, which was granted. The Insular Collector of Customs appealed the decision to the Supreme Court.

ISSUE

Whether Yu Chi Ay and Chua Seng are entitled to admission into the Philippines based on Yu Ak’s status as a merchant at the time of their application.

RULING

No. The Supreme Court reversed the judgment of the lower court. It held that Yu Ak was not a merchant on April 1, 1927, when the appellees arrived and filed their application. Although Yu Ak possessed a certificate from customs classifying him as a “person other than laborer,” this classification does not equate to being a merchant, which is a specific exempted class under immigration laws. The Court distinguished the cited case of Tan vs. Collector of Customs, as that decision was based on a finding that the petitioner was a merchant, a condition absent here. While it was proven that Yu Ak became a merchant after the appellees’ arrival, this subsequent status does not retroactively validate their admission. The Court ruled that the appellees’ petition for admission was properly denied, but without prejudice to their right to file a new application based on Yu Ak’s current merchant status, provided it exists at the time of such petition. No costs were awarded.