G.R. No. L-24307, August 31, 1970
Tan Ka Ho and Tan Ka Pin, both minors, and joined by their mother Chua Tek Hun @ Tsai Bek Yuen @ Chua Pek Hun, Petitioners-Appellants, v. The Commissioner of Immigration, Respondent-Appellee.

FACTS

On October 12, 1960, Chua Tek Hun and her minor son Tan Ka Ho executed affidavits before the Philippine Consul in Hongkong in support of their applications for temporary visitor’s visas to the Philippines. They stated they were visiting Chua Tek Hun’s husband/Tan Ka Ho’s father, Tan Huy Liong, a Chinese permanent resident merchant in Manila. They expressly agreed they would never apply for a change of status from temporary visitor and would stay only for ninety days unless extended. On October 15, 1960, Chua Tek Hun, Tan Ka Ho, and another minor son, Tan Ka Pin (the petitioners), arrived in Manila and were admitted for three months upon posting a P24,000 cash bond. On October 21, 1960, the Court of First Instance of Manila granted Tan Huy Liong’s petition for naturalization. Subsequently, the Secretaries of Foreign Affairs and Justice allowed the petitioners a change of category from temporary visitors to special non-immigrants and extended their stay until October 21, 1962. However, the Bureau of Immigration later refused to accept further extension fees. Tan Huy Liong’s mandamus case against the Bureau was dismissed. On February 21, 1963, the Court of First Instance of Manila denied Tan Huy Liong’s motion to take his oath, which denial was later affirmed by the Supreme Court, ultimately denying his naturalization. On December 10, 1962, the Commissioner of Immigration confiscated the petitioners’ cash bond and issued a warrant for their arrest on December 17, 1962, to effect deportation. The petitioners filed a petition for prohibition with preliminary injunction. The trial court dismissed their petition on October 9, 1964.

ISSUE

Have the petitioners acquired the right to remain in the Philippines beyond the authorized period of their stay?

RULING

No. The Supreme Court affirmed the trial court’s order dismissing the petition. The petitioners’ claim to a right to prolong their stay was based on the pendency and potential success of Tan Huy Liong’s naturalization case. However, the final denial of Tan Huy Liong’s petition for naturalization by the Supreme Court removed the foundation for this argument. Since their authorized extension expired on October 21, 1962, their continued presence became illegal. Consequently, under Section 37(a)(7) of the Immigration Act of 1940, they are liable for arrest, bond confiscation, and deportation for remaining in violation of the conditions of their admission as non-immigrants. The Commissioner of Immigration can legally order their arrest and deportation and confiscate their cash bond.