G.R. No. 43604 ; October 5, 1935
TAN HON, petitioner-appellee, vs. THE INSULAR COLLECTOR OF CUSTOMS, respondent-appellant.

FACTS

Tan Hon, a Chinese national, gained admission into the Philippines in May 1929 as the minor son of a resident Chinese merchant. In February 1935, the Insular Collector of Customs instituted deportation proceedings against him, alleging he gained entry through false and fraudulent representations by not being the merchant’s actual son. More than five years had elapsed between his entry and the start of the deportation proceedings.

ISSUE

Whether the Insular Collector of Customs retains the authority to order Tan Hon’s deportation after the lapse of more than five years from his entry.

RULING

No. The Supreme Court affirmed the judgment ordering Tan Hon’s release. Applying Section 19 of the Immigration Act of 1917, the Court classified Tan Hon as an alien who, at the time of entry, belonged to a class excluded by law (i.e., not a legitimate merchant’s son). Under paragraph 1 of Section 19, such an alien may be deported only “within five years after entry.” Since the deportation proceedings were instituted after more than five years had lapsed, the statutory period for deportation had prescribed, and the Collector of Customs no longer had authority to deport him. The Court found it unnecessary to resolve the factual issue of fraud due to this legal prescription.

AI Generated by Armztrong.