GR 37056; (March, 1933) (Digest)
G.R. No. 37056; March 4, 1933
NG HAY YAM, petitioner-appellant, vs. THE INSULAR COLLECTOR OF CUSTOMS, respondent-appellee.
FACTS
The petitioner-appellant, Ng Hay Yam, a Chinese subject, sought entry into the Philippines using a Section VI Merchant’s Certificate issued by the American Consul in Amoy, China. The Insular Collector of Customs refused to recognize the certificate and denied him entry. The Collector found that the certificate contained false statements: Ng Hay Yam declared he had been a merchant in China continuously from 1925 to 1931, but immigration records showed he had previously entered and stayed in the Philippines under another name from May 1927 to August 1929, violating the conditions of a temporary bond. The Court of First Instance of Manila denied his petition for a writ of habeas corpus, prompting this appeal.
ISSUE
Whether the Insular Collector of Customs abused his authority and discretion in refusing to recognize the Section VI Merchant’s Certificate issued by the American Consul and in going behind the statements contained therein.
RULING
No. The Supreme Court affirmed the denial of the writ. The immigration authorities, specifically the Insular Collector of Customs, are not bound to accept a consular certificate at face value and have the authority to investigate the truth of the statements therein. The certificate itself contained an acknowledgment that the holder could be denied entry if found inadmissible under immigration laws. Given the proven falsehood in the petitioner’s declaration about his continuous residence in China and his prior violation of bond conditions in the Philippines, the Collector acted within his discretion. The final authority to admit or exclude Chinese subjects rests with the designated immigration officials, not with consular officers.
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