G.R. No. L-9983; March 31, 1915
RUFINO TAN GUAN SIEN, plaintiff-appellee, vs. THE INSULAR COLLECTOR OF CUSTOMS, defendant-appellant.

FACTS:
Rufino Tan Guan Sien, a Chinese national, first sought entry into the Philippine Islands on February 1, 1910, claiming to be a citizen. The Bureau of Customs, through a board of special inquiry, denied his entry, a decision affirmed by the Insular Collector of Customs. His subsequent petition for a writ of habeas corpus in the Court of First Instance of Manila was denied, and he did not appeal. In 1912, he again attempted entry, this time claiming to be a merchant, which was also denied by customs authorities. A petition for habeas corpus filed with the Supreme Court (G.R. No. 8094) was denied on July 19, 1912.

While the question of his entry was pending and after his applications had been denied, Tan Guan Sien acquired an interest in a mercantile business in the Philippines in 1913. In early 1914, the Insular Collector of Customs ordered his deportation, enforcing the prior final decisions. On February 24, 1914, Tan Guan Sien filed another petition for habeas corpus in the Court of First Instance. The lower court, disregarding the prior administrative and judicial proceedings, took new testimony and granted the writ, allowing his entry as a merchant based on his acquired business interest in 1913. The Insular Collector of Customs appealed.

ISSUE:
Whether a Chinese national, whose right to enter the Philippines has been finally denied by the customs authorities and the courts, can subsequently claim the right to enter or remain based on a change in status (becoming a merchant) that occurred after his initial application and during the pendency of the enforcement of the deportation order.

RULING:
The Supreme Court REVERSED the judgment of the lower court. The right of a Chinese person to enter the Philippines is determined by the facts existing at the time of his application for entry. Tan Guan Sien was not a merchant when he applied for entry in 1910 or 1912. He cannot gain admission by acquiring merchant status during the period he was unlawfully in the country awaiting the resolution of his case or the execution of a final deportation order. The law does not permit a person belonging to the prohibited class to circumvent exclusion laws by obtaining a favorable status after his entry has been denied and while illegally remaining in the territory.

The Bureau of Customs did not abuse its discretion in denying his entry, and its decisions, having become final, must be enforced. The lower court erred in ignoring these final administrative and judicial determinations. The record was ordered returned to the lower court with instructions to enter a judgment consistent with this ruling and to return Tan Guan Sien to the Bureau of Customs for deportation. No costs were awarded.