GR L 9164; (March, 1916) (Digest)
G.R. No. L-9164; March 17, 1916
THE UNITED STATES, plaintiff-appellee, vs. VY BO TEC, defendant-appellant.
FACTS:
The defendant-appellant, Vy Bo Tec, a Chinese laborer, was charged with illegally entering the Philippine Islands in 1908 without permission under the Chinese Immigration Laws. The records show that on July 10, 1906, he applied for and was issued a Chinese laborer’s certificate. On August 27, 1906, he obtained a Chinese laborer’s return certificate (Exhibit B) authorizing his departure from Manila to Amoy, China, and his return via Manila within twelve months. However, this return certificate was presented at the port of Jolo on December 20, 1907beyond the twelve-month validity periodand the holder was denied entry. Vy Bo Tec claimed he lost the certificate and that someone else presented it in Jolo. He testified that he had been in Jolo for about eleven months, purchasing cedulas there for 1907, 1908, and 1909, but gave contradictory statements regarding his residence and occupation. The trial court found that Vy Bo Tec himself presented the expired certificate at Jolo, was refused landing, and subsequently entered the Philippines surreptitiously.
ISSUE:
Whether Vy Bo Tec is illegally within the Philippine Islands and subject to deportation for violating the Chinese Immigration Laws.
RULING:
The Supreme Court affirmed the lower court’s decision ordering Vy Bo Tec’s deportation. The Court held that the evidence, particularly the expired return certificate presented in Jolo and Vy Bo Tec’s own contradictory statements, sufficiently proved that he was the person who presented the certificate at Jolo after its validity had lapsed. Since he did not return via Manila within the twelve-month period as required, he was rightfully denied admission. His subsequent entry into the Philippines was therefore illegal and without authority. The Court disregarded Exhibit C (a letter from the Jolo customs collector) as non-essential, as the fact of the certificate’s presentation in Jolo was established by other evidence. Vy Bo Tec’s failure to report the loss of his certificate or to reclaim his original laborer’s certificate further undermined his claim. Consequently, he was found to be unlawfully in the Philippines and subject to deportation.
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