G.R. No. 41498 ; September 21, 1934
Lim Son et al., petitioners-appellees, vs. The Insular Collector of Customs, respondent-appellant.

FACTS

Petitioners Lim Son and her minor children sought entry into the Philippines as the wife and children of Ong Tay Jong, a resident Chinese merchant. A board of special inquiry denied their admission, citing contradictions in their testimonies (regarding a family picture and marriage date) and, more significantly, because Ong Tay Jong was no longer a merchant but an employee of the Bureau of Internal Revenue. The board concluded he was a “skilled laborer” and thus not entitled to bring in family members. The Insular Collector of Customs affirmed the denial. Petitioners then secured a writ of habeas corpus from the Court of First Instance of Manila, which ruled in their favor, holding that Ong Tay Jong’s right to reside (having originally entered as a merchant) extended to his family.

ISSUE

Whether the wife and minor children of a Chinese resident, who originally entered the Philippines as a merchant but later became a government employee, have the right to enter and reside in the Philippines.

RULING

Yes. The Supreme Court affirmed the lower court’s decision. The rights of the petitioners are governed by the applicable treaty between the United States and China, not the Immigration Act of 1924. Following established doctrine (Lim Pue vs. Collector of Customs), a Chinese merchant lawfully admitted and domiciled in the Philippines retains his right to reside even if his occupational status later changes (e.g., becoming a laborer or employee). This right extends by necessary implication to his wife and minor children. Therefore, petitioners are entitled to enter and reside as the family of Ong Tay Jong.

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