GR L 5785; (August, 1910) (Digest)
G.R. No. L-5785
GO TO SUN, by his father and natural guardian, Manuel Nubla Co Siong, petitioner-appellant, vs. H. B. MCCOY, Insular Collector of Customs, respondent-appellee.
August 23, 1910
FACTS:
On August 1, 1909, Go To Sun, a Chinaman, arrived in the Philippine Islands and sought permission to enter. His application was denied by the Collector of Customs. Go To Sun claimed a right to enter the Islands on the ground that he was the minor son of Manuel Nubla Co Siong, an alleged resident of the Philippines. However, during the hearing, both Go To Sun and his father, Manuel Nubla Co Siong, testified that Go To Sun was 21 years of age. Go To Sun also admitted he had never been in the Philippine Islands before.
The Board of Special Inquiry found that Go To Sun was at least 21 years old and, therefore, not a minor. This decision was affirmed by the Collector of Customs and subsequently by the Court of First Instance, which also found that Go To Sun had been given a full and fair hearing and that there was no abuse of authority. Go To Sun then appealed to the Supreme Court.
ISSUE:
Whether Go To Sun, being 21 years old, was entitled to enter the Philippine Islands as the minor son of a resident father.
RULING:
No. The Supreme Court affirmed the decision of the lower court, denying Go To Sun entry into the Philippine Islands. The Court held that since both Go To Sun and his father testified that he was 21 years of age, he was not a minor. Consequently, he was not entitled to enter the Philippine Islands simply for the purpose of being under the care and custody of his father, a privilege generally accorded to minor dependents. The Court found no reason to reverse the judgment of the lower court, as Go To Sun had received a full and fair hearing and no abuse of authority was found.
