GR L 9571; (March, 1915) (Digest)
G.R. No. L-9571; March 20, 1915
THE UNITED STATES, plaintiff-appellant, vs. YEE CHUNG, defendant-appellee.
FACTS:
On or about January 15, 1913, a warrant of arrest was issued against Yee Chung, a Chinaman, to investigate his right to remain in the Philippine Islands. During the investigation, Yee Chung admitted that he arrived in the Philippines on an American boat five or six years prior. Due to sickness, he was discharged by the captain, sent to the marine hospital in Cavite, and after being cured, remained in the country. As proof of his lawful status, he presented a “certificate of residence” issued to him on April 11, 1894, by O.M. Welburn, Collector of Internal Revenue of the first district of California, under the provisions of the Act of Congress of May 5, 1892. The certificate attested that Yee Chung was a Chinese laborer residing in Santa Barbara, California, was within the United States at the time of the passage of said Act, and was lawfully entitled to remain in the United States. Based on this certificate and his declaration, the trial judge found that Yee Chung had a right to remain in the Philippines and refused to order his deportation. The plaintiff appealed.
ISSUE:
Whether a certificate of residence issued to a Chinese laborer in the United States under the U.S. Act of Congress of May 5, 1892, can take the place of the certificate of residence required by Act No. 702 of the Philippine Commission for entry and residence in the Philippine Islands.
RULING:
Yes. The Supreme Court affirmed the decision of the lower court. The certificate issued under the U.S. Act of 1892 was sufficient to permit Yee Chung not only to remain within the territory of the United States but also to travel to any part of said territory. The Court, treating the question as one of first impression, held that since the Philippine Islands were territory of the United States, the said certificate was also sufficient to permit him to enter and remain within the Philippine Islands without the necessity of obtaining the separate certificate required under Act No. 702 . The judgment dismissing the deportation case was affirmed, with costs.
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