GR L 4002; (August, 1907) (Digest)
FACTS: Lo Toc, a Chinese national who had never been to the Philippines, sought to enter the islands as the minor son of Lo San, a Chinese merchant who had resided in the Philippines for twenty-four years. Lo San’s residency was otherwise lawful, but he had been diagnosed with trachoma, a loathsome and contagious disease, by a U.S. Marine-Hospital Service medical officer. Consequently, a board of special inquiry rejected Lo San’s entry. The same board also rejected Lo Toc’s entry, determining that his right to enter was contingent on his father’s right to enter. Lo Toc was informed of the decision and his right to appeal within five days, but no written appeal was filed. Lo Toc’s attorney was informed of the appeal deadline. Lo Toc then petitioned for a writ of habeas corpus.
ISSUE: Whether Lo Toc, as the minor son of a Chinese merchant otherwise entitled to enter the Philippines, can be denied entry due to his father’s disqualification based on a contagious disease, and whether the court can intervene without Lo Toc having exhausted administrative remedies.
RULING: The Supreme Court ruled that Lo Toc could be denied entry. The Court held that Lo Toc’s right to enter was dependent upon his father’s right to enter. Since Lo San was disqualified due to a contagious disease, Lo Toc, as his son, could not be admitted. Furthermore, the Court affirmed that Lo Toc had failed to exhaust administrative remedies by not filing a written appeal within the prescribed period. The Court emphasized that judicial intervention is not warranted until administrative remedies have been fully utilized, unless there is a clear abuse of authority by the immigration officials, which was not demonstrated in this case. Consequently, Lo Toc was remanded to the custody of the Insular Collector to carry out the decision of the board of special inquiry.
