G.R. No. 42103; October 29, 1934
TENG CHING, in his own behalf and in behalf of his sons TENG SAN, TENG LAM and TENG TONG, petitioner-appellee, vs. THE INSULAR COLLECTOR OF CUSTOMS, respondent-appellant.

FACTS

Teng Ching sought the admission of his minor sons, Teng San, Teng Lam, and Teng Tong, into the Philippines. A board of special inquiry and, on appeal, the Insular Collector of Customs denied their right to land, ordering their return. Teng Ching then filed a petition for a writ of habeas corpus in court, which was granted, leading the Insular Collector of Customs to appeal.

ISSUE

Whether the lower court was justified in disregarding the decision of the Insular Collector of Customs denying the admission of Teng Ching’s minor children.

RULING

No. The Supreme Court reversed the lower court’s order and denied the petition for habeas corpus. For a Chinese father to establish his exempt status (as a resident Chinese merchant) and secure the admission of his minor children, the law required his own testimony and the testimony of two or more credible witnesses other than Chinese. The record showed no sufficient evidence that Teng Ching had established this status. His application for indorsement as a merchant was not shown to be approved, and the evidence before the board of special inquiry lacked the required corroborating testimony from non-Chinese witnesses. Therefore, the administrative decision was correct and should not have been disregarded.

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