Case Summary (G.R. No. 10828)
Factual Background
Cang Kai Guan arrived at the port of Cebu on November 19, 1914, aboard the steamship Linan, seeking permission to enter the Philippine Islands. Upon his arrival, an inquiry was conducted by a special board, which ultimately denied his application to enter the country. Following this initial denial, Cang Kai Guan appealed to the Collector of Customs, Honorable B. Herstein, who upheld the decision of the board and ordered his deportation. Subsequently, Cang Kai Guan filed a petition for a writ of habeas corpus in the Court of First Instance of Cebu. The presiding judge, Honorable Adolph Wislizenus, denied this petition, prompting Cang Kai Guan to appeal to a higher court, citing multiple alleged errors in the lower court's decision.
Legal Issues Presented
The core issue hinges on whether a minor son of a Chinese merchant, in this case, Cang Kai Guan, can enter the Philippine Islands without holding a "section six certificate" following the death of his father. This legal premise has been previously addressed in the case of Tan Lin Jo vs. Collector of Customs, where it was determined that such entry without the certificate is not permissible.
Applicable Legal Precedents
In examining the case, the court heavily relied on precedents set forth in prior rulings, specifically referencing the earlier decision in Tan Lin Jo vs. Collector of Customs. The prior case established that the absence of a "section six certificate" prohibits entry into the Philippines for the minor son of a deceased Chinese merchant.
Court's Decision
In light of the presented facts and exi
...continue readingCase Syllabus (G.R. No. 10828)
Case Background
- The case centers around Cang Kai Guan, a Chinese national, who arrived at the port of Cebu on November 19, 1914, aboard the steamship Linan.
- Upon his arrival, Cang Kai Guan sought permission to enter the Philippine Islands.
- A board of special inquiry conducted an investigation into his case and subsequently denied his petition for entry into the Philippines.
Subsequent Actions
- Following the denial from the board of special inquiry, Cang Kai Guan appealed the decision to the Collector of Customs, Honorable B. Herstein.
- Collector Herstein reviewed the facts of the case and upheld the board's decision, ordering the deportation of Cang Kai Guan.
- In response to this order, a petition for a writ of habeas corpus was filed in the Court of First Instance of Cebu.
Court Proceedings
- The case was presided over by Judge Adolph Wislizenus, who conducted hearings with both parties involved.
- After considering the arguments presented, J