GR 13122; (September, 1917) (Digest)
G.R. No. 13122 ; September 27, 1917
JOSE FELIPE BRACA, plaintiff-appellant, vs. THE INSULAR COLLECTOR OF CUSTOMS, defendant-appellee.
FACTS:
Jose Felipe Braca arrived at the port of Manila on April 19, 1917, and sought admission into the Philippine Islands, claiming to be the son of a Chinese father (Tan Kio) and a Filipino mother (Justa Braca). He presented a baptismal certificate dated January 5, 1902, identifying a child named Jose Felipe as the natural son of Justa Braca, a native of Malabon. Witnesses, including Justa Braca, testified to support his claim. However, the Board of Special Inquiry, after examining the evidence and observing the petitioner’s personal appearance, concluded that he appeared to be between 21 and 25 years oldnot 15 years old as indicated by the baptismal certificate. The Board found that he was not the person he claimed to be and denied his entry for lacking the required Section 6 certificate for Chinese immigrants. The Insular Collector of Customs affirmed this decision. Braca then filed a petition for a writ of habeas corpus in the Court of First Instance, which was denied, prompting this appeal.
ISSUE:
Whether the customs authorities acted within their discretion in denying Jose Felipe Braca’s entry into the Philippine Islands based on their assessment of his personal appearance and age, contrary to the documentary evidence presented.
RULING:
The Supreme Court affirmed the judgment of the lower court, upholding the denial of Braca’s entry. The Court held that the customs authorities, in exercising their discretion to determine an immigrant’s right to enter, may consider the immigrant’s personal appearance to assess alien status and age. Citing established jurisprudence, the Court ruled that such assessment constitutes valid evidence. Since the Board found Braca to be 2125 years oldcontradicting the baptismal certificate’s indication that he was 15the certificate was deemed inapplicable to him. There was no evidence of arbitrariness or abuse of discretion by the customs department. Under Section 25 of the Chinese Exclusion Act, courts cannot review exclusion orders when supported by some evidence. Thus, the denial of entry was lawful.
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