G.R. No. 41422; September 29, 1934
Go Eng Chew, on behalf of Go Chian, petitioner-appellant, vs. The Insular Collector of Customs, respondent-appellee.

FACTS

Go Eng Chew, a Chinese resident in the Philippines, sought the admission of his alleged minor son, Go Chian. The Board of Special Inquiry and the Insular Collector of Customs denied entry, finding Go Eng Chew failed to prove he was a merchant entitled to bring in family members, as he was registered as a laborer. At a rehearing, the only evidence presented was the testimony of two Filipino customers and a certified copy of articles of copartnership for a shoe store (Cua Peng & Co./Pou Houn Shoe Store) dated 1929, with a three-year term that had expired by 1932. Go Eng Chew, his alleged partners, or business associates did not testify.

ISSUE

Whether the administrative authorities abused their discretion in denying Go Chian’s admission on the ground that Go Eng Chew failed to prove his status as a merchant.

RULING

No. The Supreme Court affirmed the denial, holding that the Board of Special Inquiry and the Insular Collector of Customs did not abuse their discretion. The evidence presented was insufficient to establish Go Eng Chew’s merchant status, especially since the partnership document showed an expired term and no direct testimony from the alleged merchant or his business associates was offered. The findings of the administrative agencies were sustained.

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