KO POCO, petitioner-appellee, vs. H.B. McCOY, respondent-appellant.
G.R. No. L-3904
March 20, 1908

FACTS:
Ko Poco, a Chinese national, had resided in the Philippine Islands for more than twenty-five years, engaged in mercantile business in Tayabas province, where he had property and family. On April 20, 1906, he departed for China, securing a certificate from immigration officers stating he was a resident Chinese merchant. Upon his return to Manila on January 8, 1907, he was detained by H.B. McCoy, the Acting Collector of Customs. A physical examination revealed Ko Poco was afflicted with trachoma, a dangerous contagious disease.

Immigration officers denied him entry and ordered his deportation, citing Section 2 of the Act of Congress of March 3, 1903 (“An act to regulate the immigration of aliens into the United States”), which prohibits the admission of aliens suffering from dangerous contagious diseases. Ko Poco filed a petition for a writ of habeas corpus, arguing that the order was contrary to law and that the 1903 Act did not apply to Chinese persons.

The Court of First Instance granted the writ, ruling that Ko Poco, as a long-term resident of the Philippine Islands, was not an “alien” within the meaning of the Act and therefore ordered his discharge from custody. Respondent H.B. McCoy appealed this decision to the Supreme Court.

ISSUE:
Did the Court of First Instance err in overturning the immigration officers’ decision by finding that Ko Poco, a Chinese national and long-term resident, was not an “alien” under the Act of Congress of March 3, 1903, and in ordering his discharge?

RULING:
The Supreme Court REVERSED the decision of the lower court.

The Court held that the findings and actions of duly authorized immigration officers upon questions of fact, such as whether a person is an “alien” and whether they are afflicted with a dangerous contagious disease, are generally final and conclusive. Absent any allegation or proof that these officers abused the discretion vested in them by law, or otherwise committed prejudicial error in their proceedings, courts should not intervene through a writ of habeas corpus.

In this case, the board of special inquiry and customs officials, charged with administering the immigration law, decided that Ko Poco was an “alien” and had trachoma, thus not entitled to admission under Section 2 of the Act of Congress of March 3, 1903. There was no allegation or evidence presented that these officials abused their authority. Therefore, the Court of First Instance erred in finding that Ko Poco was not an alien and in discharging him from custody.

Ko Poco was remanded to the custody of the Insular Collector of Customs for the execution of the order of deportation.