Case Summary (G.R. No. 16406)
Procedural Background
Upon his arrival, a board of special inquiry was convened to determine his eligibility for entry. The board concluded that Lim Cheng was not a minor but rather was over 21 years of age, leading to the denial of his entry. Lim Cheng appealed this decision to the Collector of Customs, which upheld the board's ruling. Subsequently, he sought a writ of habeas corpus in the Court of First Instance in Manila, but the petition was denied by Judge George R. Harvey, who found no abuse of authority by customs officials.
Grounds of Appeal
Lim Cheng's appeal raises several points of error, including the assertion that the lower court erred by ruling that the customs officials did not abuse their discretion, that the customs authorities were justified in disbelieving his testimony and that of his witnesses, and in denying him entry into the Philippine Islands. His primary argument centers on the customs department’s determination regarding his age.
Age Determination by the Board of Inquiry
The board of special inquiry noted physical characteristics indicative of an individual over the age of 21, such as a fully developed mustache and the toughness of his face. The board expressed its cautious approach toward expert testimony related to age, citing its experience in handling similar immigration cases.
Legal Precedents on Customs Authority
The customs authorities possess the discretion to evaluate personal appearance and other evidence in determining an applicant's eligibility for entry into the Philippine Islands. Case law supports the conclusion that assessments based on appearance are permissible, and the denial of entry may be upheld when there is insufficient evidence.
Refusal of Testimony and Evidence Consideration
There is established jurisprudence indicating that the refusal of the Collector of Customs to accept the credibility of witnesses for an alien applicant does not constitute an abuse of discretion. Immigration officials are not legally obligated t
...continue readingCase Syllabus (G.R. No. 16406)
Case Overview
- Court: Supreme Court of the Philippines
- Date: September 13, 1920
- G.R. No.: 16406
- Parties: Lim Cheng (Petitioner and Appellant) vs. The Insular Collector of Customs (Respondent and Appellee)
- Legal Context: The case revolves around immigration rights, specifically the determination of the appellant's age and his right to enter the Philippine Islands as a minor son of a resident Chinese merchant.
Factual Background
- Arrival: The appellant, Lim Cheng, arrived in Manila on September 23, 1919, aboard the steamship Taisang.
- Claim: He claimed to be the minor son of a resident Chinese merchant seeking permission to enter the Philippine Islands.
- Board of Special Inquiry: This board was tasked with determining his eligibility for entry based on evidence presented.
- Decision of the Board: The board concluded that Lim Cheng was not a minor, stating he appeared to be significantly over 21 years of age, leading to the denial of his entry.
- Appeal Process: Lim Cheng appealed to the Collector of Customs, who upheld the board's decision.
Judicial Proceedings
- Writ of Habeas Corpus: Lim Cheng filed a petition for the writ of habeas corpus in the Court of First Instance of Manila, challenging the denial of his entry.
- Response: The Attorney-General responded to the petition, prompting the case to be reviewed by Judge George R. Harvey.
- Judge's Findings: Judge Harvey