G.R. No. 43004 ; April 5, 1935
Yap Tian Bing in behalf of Yap Song, petitioner-appellee, vs. The Insular Collector of Customs, respondent-appellant.

FACTS

Yap Song, a Chinese minor, sought admission into the Philippines as the son of Yap Tian Bing, a resident Chinese merchant. A board of special inquiry denied his entry on November 7, 1934, citing a discrepancy in his birth date. The board noted that Yap Song and his father claimed his birth date as June 8, 1914 (C.R. 3-5-15), but a Merchant’s Affidavit (M.A. No. 17737) filed by the father in 1917 indicated a birth date of February 23, 1915 (C.R. 4-1-10). The board concluded this inconsistency invalidated Yap Song’s claimed identity. The Court of First Instance of Manila reversed this decision, finding Yap Song to be the legitimate minor son of a Chinese merchant entitled to entry, and ordered his release.

ISSUE

Did the board of special inquiry abuse its discretion in denying Yap Song’s admission based on the discrepancy in his birth date?

RULING

Yes, the board abused its discretion. The Supreme Court affirmed the lower court’s decision. The alleged discrepancy arose from an unsworn “Inspector’s Notes” attached to the 1917 Merchant’s Affidavit, which was not signed or sworn to by Yap Tian Bing. This memorandum was not binding on the father. The consistent sworn testimony of both Yap Song and Yap Tian Bing before the board, supported by a later affidavit (Exhibit B), established the birth date as June 8, 1914. Therefore, the customs authorities were not justified in rejecting the applicant based on this unreliable memorandum.

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