GR 35320; (July, 1931) (Digest)
G.R. No. 35320 ; July 24, 1931
Dy Sy, petitioner-appellant, vs. The Collector of Customs of Davao, respondent-appellee.
FACTS
Dy Sy, a Chinese national, petitioned for a writ of habeas corpus after being denied the right to remain in the Philippines. He based his claim on a registry certificate (Exhibit D) issued by the Collector of Internal Revenue of Manila. The Court of First Instance of Davao denied his petition, prompting this appeal.
ISSUE
Whether the registry certificate (Exhibit D) issued to Dy Sy entitles him to remain in the Philippines.
RULING
No. The registry certificate is not an immigration document but is equivalent to a cedula (community tax certificate) issued to all residents, not exclusively to Chinese nationals. Furthermore, U.S. immigration laws were in effect in the Philippines at the time under military circulars, and the certificate was issued by the Collector of Internal Revenue, not the Collector of Customs who had jurisdiction over immigration. Additionally, the matter is res judicata as a competent court had previously denied a similar habeas corpus petition by Dy Sy on October 6, 1928, a decision that became final. The denial of the petition is affirmed.
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