EN BANC
[G.R. No. 31905. December 28, 1929. ]
CHUA QUIP, Petitioner-Appellee, v. THE INSULAR COLLECTOR OF CUSTOMS, Respondent-Appellant.
Attorney-General Jaranilla, for Appellant.
Quintin Llorente, for Appellee.
SYLLABUS
1. EXCLUSION OF CHINAMEN FROM PHILIPPINE ISLANDS; KIND OF BUSINESS IN WHICH PETITIONER ENGAGED, MAKING HIM A MERCHANT AS DEFINED IN SECTION TWO, ACT OF CONGRESS OF NOVEMBER 3, 1893. — It does not appear from the record that refreshments and other foodstuffs cooked and prepared, are served in the "sari-sari" store in question, as in the "sari-sari" stores referred to in the Attorney-General’s brief. For this reason, no application can be made in the instant case of the citations in said brief, calling attention to the work of serving coffee and refreshments, which, in the case of United States v. Lim Co (12 Phil., 703) was not deemed necessary to the business of a merchant, to wit, to buy and sell merchandise; nor is the doctrine laid down in In re An Yow (59 Fed. Rep., 561) applicable herein, inasmuch as the store in question is not a restaurant.
2. ACT OF CONGRESS OF NOVEMBER 3, 1893; MERCHANT REFERRED TO IN SAID ACT. — In order to dispel the fear expressed in the Attorney-General’s brief that to consider Chinamen owning "sari-sari" stores as merchants might have the effect of encouraging fraud and frustrating the aims of the exclusion law, it should be borne in mind that the law refers to merchants in good faith, or such as engage in business with a sincere and honest purpose. And it is incumbent upon the proper authorities and the courts to distinguish and judge each particular case upon its own merits, and to refuse to recognize as merchants all immigrants who are not bona fide merchants, but have acquired the concept of merchants for illegal purposes. The record does not show that such is the instant case.
2. ACT OF CONGRESS OF NOVEMBER 3, 1893; MERCHANT REFERRED TO IN SAID ACT. — In order to dispel the fear expressed in the Attorney-General’s brief that to consider Chinamen owning "sari-sari" stores as merchants might have the effect of encouraging fraud and frustrating the aims of the exclusion law, it should be borne in mind that the law refers to merchants in good faith, or such as engage in business with a sincere and honest purpose. And it is incumbent upon the proper authorities and the courts to distinguish and judge each particular case upon its own merits, and to refuse to recognize as merchants all immigrants who are not bona fide merchants, but have acquired the concept of merchants for illegal purposes. The record does not show that such is the instant case.
D E C I S I O N
ROMUALDEZ, J.:
The petitioner has been residing in this country for many years.
In 1926 he went to China, and came back to the Philippines in December, 1927, asking that he be readmitted as a returning resident Chinese merchant.
A board of special inquiry was appointed to hear the petition, which, having done so, denied the same, and was confirmed in its action by the Insular Collector of Customs. The principal reason for the denial is that it has not been satisfactorily proved that the petitioner is a merchant.
The appellee was thus compelled to apply to the Court of First Instance of Manila for a writ of habeas corpus, which was granted.
From this order granting the writ, the Insular Collector of Customs appealed, assigning the following alleged errors:jgc:chanrobles.com.ph
"1. The trial court erred in holding that the appellee is the owner of a ’sari-sari’ store at 637 Calle Lara, Manila.
"2. The trial court, erred in holding that the petitioner- appellee is a ’merchant’ within the meaning of the Chinese Exclusion Act.
"3. The trial court erred in holding that the customs authorities abused their authority and discretion in refusing the readmission of the petitioner-appellee to these Islands.
"4. The trial court erred in granting the writ of habeas corpus prayed for the petitioner-appellee."cralaw virtua1aw library
We are of opinion that the petitioner has sufficiently proved that he is a part owner of a "sari-sari" store situated at No. 637 Lara Street, Manila. The fact that his Filipino witnesses may not know his real name, neither detracts from the verity of their testimony, nor from the appellee’s allegation; and the licenses issued to him for said store, since the year 1922, taken together with the testimony of said witnesses, bear out his allegation that such a store exists, and that he is a co
In 1926 he went to China, and came back to the Philippines in December, 1927, asking that he be readmitted as a returning resident Chinese merchant.
A board of special inquiry was appointed to hear the petition, which, having done so, denied the same, and was confirmed in its action by the Insular Collector of Customs. The principal reason for the denial is that it has not been satisfactorily proved that the petitioner is a merchant.
The appellee was thus compelled to apply to the Court of First Instance of Manila for a writ of habeas corpus, which was granted.
From this order granting the writ, the Insular Collector of Customs appealed, assigning the following alleged errors:jgc:chanrobles.com.ph
"1. The trial court erred in holding that the appellee is the owner of a ’sari-sari’ store at 637 Calle Lara, Manila.
"2. The trial court, erred in holding that the petitioner- appellee is a ’merchant’ within the meaning of the Chinese Exclusion Act.
"3. The trial court erred in holding that the customs authorities abused their authority and discretion in refusing the readmission of the petitioner-appellee to these Islands.
"4. The trial court erred in granting the writ of habeas corpus prayed for the petitioner-appellee."cralaw virtua1aw library
We are of opinion that the petitioner has sufficiently proved that he is a part owner of a "sari-sari" store situated at No. 637 Lara Street, Manila. The fact that his Filipino witnesses may not know his real name, neither detracts from the verity of their testimony, nor from the appellee’s allegation; and the licenses issued to him for said store, since the year 1922, taken together with the testimony of said witnesses, bear out his allegation that such a store exists, and that he is a co
