G.R. No. L-4037

FACTS:
On April 12, 1907, Lim Jao Lu (petitioner-appellant) filed a petition for a writ of habeas corpus in the Court of First Instance of Manila, alleging illegal detention by H.B. McCoy (respondent-appellee). McCoy responded that Lim Jao Lu was detained because the board of special inquiry had refused him admission into the Philippine Islands. The board’s refusal was based on the finding that Lim Jao Lu was an alien suffering from trachoma, a loathsome or dangerous disease. It was stipulated by both parties’ attorneys that Lim Jao Lu did not appeal the decision of the board of special inquiry. The lower court denied the petition for habeas corpus, precisely on the ground that Lim Jao Lu had failed to appeal the board’s decision. Lim Jao Lu then appealed this denial to the Supreme Court.

ISSUE:
Whether the lower court erred in denying the writ of habeas corpus on the ground that the petitioner failed to appeal the decision of the board of special inquiry denying him entry into the Philippine Islands.

RULING:
The Supreme Court, in its decision dated March 27, 1908, affirmed the judgment of the lower court. Citing the precedents set in Ngo-Ti vs. Shuster, Lo Po vs. McCoy, and Ko Poco vs. McCoy, the Court upheld the principle that the failure to appeal an administrative decision of the board of special inquiry, which denies an alien the right to enter the Philippine Islands, precludes the use of habeas corpus as a remedy. The Court ordered Lim Jao Lu to be returned to the custody of the Collector of Customs for the implementation of the board of special inquiry’s order.