Title
Cang Kai Guan vs. Insular Collector of Customs
Case
G.R. No. 10828
Decision Date
Oct 28, 1915
Cang Kai Guan, 18, Chinese national, sought entry to the Philippines without a "section six certificate"; denied as minor son of deceased merchant.
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Case Digest (G.R. No. 10828)

Facts:

  1. Arrival and Petition: Cang Kai Guan arrived at the port of Cebu on November 19, 1914, aboard the steamship Linan and sought permission to enter the Philippine Islands.
  2. Nationality and Age: He was born in China, was a Chinese national, and was 18 years old at the time.
  3. Previous Presence: He had never been in the Philippine Islands before.
  4. Father’s Status: His father had died in China approximately six years prior and had been a merchant in the Philippine Islands for some years before his death.
  5. Section Six Certificate: Cang Kai Guan did not possess the "section six certificate," a document required for entry under certain circumstances.

Issue:

The primary issue in this case is whether a minor son of a deceased Chinese merchant may enter the Philippine Islands without the "section six certificate."

Ruling:

The Court ruled against Cang Kai Guan, affirming the decision of the Court of First Instance of Cebu, which denied his petition for a writ of habeas corpus. The Court held that a minor son of a Chinese merchant cannot enter the Philippine Islands without the "section six certificate," even after the death of his father.

Ratio:

The Court relied on the precedent set in the case of Tan Lin Jo vs. Collector of Customs, which established that a minor son of a Chinese merchant is not entitled to entry into the Philippine Islands without the "section six certificate," regardless of the father’s death. The Court deemed this precedent sufficient and did not find a need to repeat the arguments already articulated in that case.


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