GR 40480; (March, 1934) (Digest)
G.R. No. 40480; March 17, 1934
GABINO ABALA, petitioner-appellee, vs. THE INSULAR COLLECTOR OF CUSTOMS, respondent-appellant.
FACTS
Gabino Abala, upon returning to the Philippines from China, was denied entry by customs authorities who found him to be a Chinese citizen. Abala claimed he was born in Cebu and presented a baptismal certificate and certificates of previous admissions. After investigations, the Bureau of Customs’ board of special inquiry denied his entry, noting his failure to prove Philippine nativity and his delayed knowledge of his parents’ names. The Court of First Instance, via habeas corpus, set aside the customs decision, finding abuse of discretion.
ISSUE
Did the customs authorities commit an abuse of discretion in denying Abala’s entry into the Philippines?
RULING
No. The Supreme Court reversed the trial court and reinstated the customs authorities’ decision. The burden of proof lies on the immigrant to establish the right of entry. Certificates of previous admission or residence are not conclusive evidence of citizenship or nativity. As Abala failed to satisfactorily prove he was the son of a Filipina born in Cebu, and as the board observed he had the appearance and language of a pure Chinese, the customs authorities did not act arbitrarily or abuse their discretion.
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