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Prof. Joselito Guianan Chan's The Labor Code of the Philippines, Annotated Labor Standards & Social Legislation Volume I of a 3-Volume Series 2019 Edition (3rd Revised Edition)
 

 
Chan Robles Virtual Law Library
 
 

 
UNITED STATES SUPREME COURT JURISPRUDENCE
 

 
PHILIPPINE SUPREME COURT JURISPRUDENCE
 

   
March-1916 Jurisprudence                 

  • G.R. No. 10649 March 1, 1916 - BENITO AFRICA v. KURT W. GRONKE

    034 Phil 50

  • G.R. No. 10838 March 1, 1916 - ALFONSA CARLOS ET AL. v. MLA. ELECTRIC RAILROAD & LIGHT COMPANY

    034 Phil 55

  • G.R. No. 11148 March 1, 1916 - LIM BUN SU v. INSULAR COLLECTOR OF CUSTOMS

    034 Phil 62

  • G.R. No. 10563 March 2, 1916 - UNITED STATES v. ANTONIO BONIFACIO

    034 Phil 65

  • G.R. No. 11262 March 2, 1916 - UNITED STATES v. GREGORIO T. GIMENEZ

    034 Phil 74

  • G.R. No. 7676 March 3, 1916 - JOSE LINO LUNA v. ESTEBAN ARCENAS

    034 Phil 80

  • G.R. No. 10265 March 3, 1916 - EUTIQUIANO CUYUGAN v. ISIDORO SANTOS

    034 Phil 100

  • G.R. No. 10918 March 4, 1916 - WILLIAM FRESSEL ET AL. v. MARIANO UY CHACO SONS & COMPANY

    034 Phil 122

  • G.R. No. 10971 March 4, 1916 - BEAUMONT & TENNEY v. BERNARD HERSTEIN

    034 Phil 127

  • G.R. No. 11216 March 6, 1916 - COMPAÑIA GENERAL DE TABACOS DE FILIPINAS v. BOARD OF PUBLIC UTILITY COMMISSIONERS

    034 Phil 136

  • G.R. No. 8473 March 7, 1916 - SANTIAGO YASON v. JULIO MAGSAKAY

    034 Phil 143

  • G.R. No. 10437 March 7, 1916 - JESUSA LAUREANO v. EUGENIO KILAYCO

    034 Phil 148

  • G.R. No. 10729 March 7, 1916 - UY PO v. INSULAR COLLECTOR OF CUSTOMS

    034 Phil 153

  • G.R. No. 10793 March 17, 1916 - GOV’T. OF THE PHIL. ISLANDS v. JUDGE OF THE COURT OF FIRST INSTANCE OF ILOILO

    034 Phil 157

  • G.R. No. 11196 March 8, 1916 - UNITED STATES v. EUSTAQUIO YUMUL

    034 Phil 169

  • G.R. No. 11321 March 8, 1916 - UNITED STATES v. SY BUN KUE

    034 Phil 176

  • G.R. No. 10051 March 9, 1916 - ERLANGER & GALINGER v. SWEDISH EAST ASIATIC CO.

    034 Phil 178

  • G.R. No. 11115 March 10, 1916 - UNITED STATES v. SILVESTRE YU TUICO

    034 Phil 209

  • G.R. No. 10297 March 11, 1916 - AGAPITO BONZON v. STANDARD OIL COMPANY OF NEW YORK ET AL.

    034 Phil 211

  • G.R. No. 8135 March 13, 1916 - FRED J. LEGARE ET AL. v. ANTONIA CUERQUES

    034 Phil 221

  • G.R. No. 10449 March 13, 1916 - UNITED STATES v. ACLEMANDOS BLEIBEL

    034 Phil 227

  • G.R. No. 8092 March 14, 1916 - RUFINA BONDAD ET AL. v. VENANCIO BONDAD ET AL.

    034 Phil 232

  • G.R. No. 10578 March 14, 1916 - PACIFIC COMMERCIAL COMPANY v. MAURICIA SOTTO

    034 Phil 237

  • G.R. No. 11000 March 14, 1916 - UNITED STATES v. VALERIO MENDIETA

    034 Phil 242

  • G.R. No. 9497 March 15, 1916 - SIMONA GALICIA v. TEODORA NAVARRO

    034 Phil 245

  • G.R. No. 11467 March 15, 1916 - NG HIAN v. INSULAR COLLECTOR OF CUSTOMS

    034 Phil 248

  • G.R. No. 10462 March 16, 1916 - ANDREA DUMASUG v. FELIX MODELO

    034 Phil 252

  • G.R. No. 9164 March 17, 1916 - UNITED STATES v. VY BO TEC

    034 Phil 260

  • G.R. No. 10354 March 17, 1916 - FELIPE DORADO v. AGRIPINO VIRIÑA

    034 Phil 264

  • G.R. No. 10718 March 17, 1916 - United States v. Ramon FERRER

    034 Phil 277

  • G.R. No. 11464 March 17, 1916 - VICTOR BIUNAS v. BENITO MORA

    034 Phil 282

  • G.R. No. 8954 March 21, 1916 - DOROTEA CABANG v. MARTIN DELFINADO

    034 Phil 291

  • G.R. No. 9340 March 21, 1916 - MARGARITO PENALOSA LO INTONG v. ISIDORA JAMITO ET AL.

    034 Phil 303

  • G.R. No. 10889 March 21, 1916 - UNITED STATES v. VALERIO MARTINEZ

    034 Phil 305

  • G.R. No. 11098 March 21, 1916 - CO PAIN v. INSULAR COLLECTOR OF CUSTOMS

    034 Phil 310

  • G.R. No. 11154 March 21, 1916 - E. MERRITT v. GOVERNMENT OF THE PHIL. ISLANDS

    034 Phil 311

  • G.R. No. 8979 March 22, 1916 - ADRIANO PANLILIO v. PROVICIAL BOARD OF PAMPANGA ET AL.

    034 Phil 323

  • G.R. No. 10978 March 22, 1916 - SIXTO MANLAGNIT v. ALFONSO SANCHEZ DY PUICO

    034 Phil 325

  • G.R. No. 11315 March 22, 1916 - DIONISION CHANCO v. CARLOS IMPERIAL

    034 Phil 329

  • G.R. No. 8941 March 23, 1916 - GUILLERMO VELOSO v. LORENZO BECERRA

    034 Phil 334

  • G.R. No. 9984 March 23, 1916 - PETRONA JAVIER v. LAZARO OSMEÑA

    034 Phil 336

  • G.R. No. 10769 March 23, 1916 - RAYMUNDO MELLIZA v. F. W. TOWLE

    034 Phil 345

  • G.R. No. 11119 March 23, 1916 - JUANA RIVERA v. RICHARD CAMPBELL

    034 Phil 348

  • G.R. No. 8642 March 24, 1916 - STANDARD OIL COMPANY OF NEW YORK v. ANTONIO BABASA ET AL.

    034 Phil 354

  • G.R. Nos. 8765 & 10920 March 24, 1916 - PEDRO DIMAGIBA v. ANSELMO DIMAGIBA

    034 Phil 357

  • G.R. No. 8806 March 24, 1916 - ALEJANDRO BALDEMOR v. EUSEBIA MALANGYAON

    034 Phil 367

  • G.R. No. 9919 March 24, 1916 - ELISA TORRES DE VILLANUEVA v. STANDARD OIL COMPANY OF NEW YORD ET AL.

    034 Phil 370

  • G.R. No. 9974 March 24, 1916 - CANG YUI v. HENRY GARDENER

    034 Phil 376

  • G.R. No. 10560 March 24, 1916 - IN RE: Tan Po Pic v. JUAN L. JAVIER

    034 Phil 382

  • G.R. No. 10624 March 24, 1916 - MANILA RAILROAD COMPANY v. INSULAR COLLECTOR OF CUSTOMS

    034 Phil 385

  • G.R. No. 10663 March 24, 1916 - JOSEPH E. FOX v. MANILA ELECTRIC RAILROAD AND LIGHT COMPANY

    034 Phil 389

  • G.R. No. 11384 March 24, 1916 - ANTONIO GUEVARA v. INSULAR COLLECTOR OF CUSTOMS

    034 Phil 394

  • G.R. No. 10045 March 25, 1916 - PHIL. RAILWAY COMPANY v. WILLIAM T. NOLTING

    034 Phil 401

  • G.R. No. 10777 March 25, 1916 - ALEJANDRA v. COURT OF FIRST INSTANCE OF PANGASINAN

    034 Phil 404

  • G.R. No. 11157 March 25, 1916 - POLICARPIO RAMIREZ v. FRANCISCO DE OROZCO

    034 Phil 412

  • G.R. No. 10510 March 27, 1916 - LEONCIO ZARATE v. DIRECTOR OF LANDS ET AL.

    034 Phil 416

  • G.R. No. 10580 March 27, 1916 - TEODORO DE LOS REYES v. MAXIMINO PATERNO

    034 Phil 420

  • G.R. No. 11607 March 27, 1916 - PHIL. SUGAR ESTATES DEV. CO. (LTD.) v. ARMANDO CAMPS Y CAMPS

    034 Phil 426

  • G.R. No. 9845 March 28, 1916 - J. C. RUYMANN v. DIRECTOR OF LANDS

    034 Phil 428

  • G.R. No. 10054 March 28, 1916 - UNITED STATES v. ATANASIO CLARAVALL

    034 Phil 441

  • G.R. No. 10264 March 28, 1916 - CHOA TEK HEE v. PHIL. PUBLISHING CO.

    034 Phil 447

  • G.R. No. 10595 March 28, 1916 - TEODORO KALAMBAKAL v. VICENTE PAMATMAT ET AL.

    034 Phil 465

  • G.R. No. 10810 March 28, 1916 - MUNICIPALITY OF AGOO v. GABRIEL TAVORA

    034 Phil 475

  • G.R. No. 10902 March 28, 1916 - SERAPIA DE JESUS v. PABLO PALMA

    034 Phil 483

  • G.R. No. 11156 March 28, 1916 - IN RE: DU TEC CHUAN. M. G. VELOSO

    034 Phil 488

  • G.R. No. 11363 March 28, 1916 - BERNARDO MOLDEN v. INSULAR COLLETOR OF CUSTOMS

    034 Phil 493

  • G.R. No. 11366 March 28, 1916 - INSULAR COLLECTOR OF CUSTOMS v. GOERGE R. HARVEY

    034 Phil 503

  • G.R. No. 9550 March 29, 1916 - BACHRACH GARAGE v. HOTCHKISS & CO.

    034 Phil 506

  • G.R. No. 10019 March 29, 1916 - THOMAS A. WALLACE v. PUJALTE & CO.

    034 Phil 511

  • G.R. No. 10202 March 29, 1916 - GOV’T. OF THE PHIL. ISLANDS Ex Rel. MUN. OF CARDONA v. MUN. OF BINANGONAN ET AL.

    034 Phil 518

  • G.R. No. 10474 March 29, 1916 - FRANCISCO OSORIO Y GARCIA v. SOLEDAD OSORIO

    034 Phil 522

  • G.R. No. 10493 March 29, 1916 - FREDERICK L. COHEN v. BENGUET COMMERCIAL CO. (Ltd.)

    034 Phil 526

  • G.R. No. 10751 March 29, 1916 - GOV’T. OF THE PHIL. ISLANDS v. MARIA CABALLERO Y APARICI

    034 Phil 540

  • G.R. No. 10778 March 29, 1916 - MUNICIPALITY OF DUMANGAS v. ROMAN CATHOLIC BISHOP OF JARO

    034 Phil 541

  • G.R. No. 11008 March 29, 1916 - MARIANO REAL ET AL. v. CESAREO MALLARI

    034 Phil 547

  • G.R. No. 11068 March 29, 1916 - FERNANDEZ HERMANOS v. HAROLD M. PITT

    034 Phil 549

  • G.R. No. 11274 March 29, 1916 - RAFAELA DALMACIO v. ALBERTO BARRETTO

    034 Phil 554

  • G.R. No. 11585 March 29, 1916 - PABLO PERLAS v. PEDRO CONCEPCION

    034 Phil 559

  • G.R. No. 8697 March 30, 1916 - M. GOLDSTEIN v. ALIJANDRO ROCES ET AL.

    034 Phil 562

  • G.R. No. 8988 March 30, 1916 - HARTFORD BEAUMONT v. MAURO PRIETO, ET AL.

    041 Phil 670

  •  




     
     

    G.R. No. 11467   March 15, 1916 - NG HIAN v. INSULAR COLLECTOR OF CUSTOMS<br /><br />034 Phil 248

     
    PHILIPPINE SUPREME COURT DECISIONS

    SECOND DIVISION

    [G.R. No. 11467. March 15, 1916. ]

    NG HIAN, Petitioner-Appellee, v. THE INSULAR COLLECTOR OF CUSTOMS, Respondent-Appellant.

    Attorney-General Avanceña for Appellant.

    Williams, Ferrier & SyCip for Appellee.

    SYLLABUS


    1. ALIENS; CHINESE; RIGHT OF MINOR CHILDREN OF DECEASED RESIDENT CHINESE MERCHANT TO ENTER. — It has been held in numerous decisions that after the death of their parents the minor children of a deceased resident Chinese merchant have no right to enter the territory of the Philippine Islands. (Lee Jua v. Collector of Customs, 32 Phil. Rep., 24; Tan Lin Jo v. Collector of Customs, 32 Phil. Rep., 78; Cang Kai Guan v. Collector of Customs, 32 Phil. Rep., 102; Yap Tian Un (Sun) v. Collector of Customs, 32 Phil. Rep., 487; Du Eng Hoa v. Collector of Customs, 32 Phil. Rep., 490; Ex parte Chan Fooi, 217 Fed. Rep., 308.)

    2. ID.; ID.; ID.; RIGHT OF ADOPTED CHILD TO ENTER. — A Chinese resident or a resident Chinese merchant has a right to bring into the territory of the United States a minor child adopted by him in good faith.


    D E C I S I O N


    JOHNSON, J. :


    This action was commenced in the Court of First Instance of the city of Manila on the 26th of November, 1915, by the presentation of a petition for the writ of habeas corpus.

    From an examination of the record the following facts appear to be proved beyond question:chanrob1es virtual 1aw library

    First. That on or about the 30th of October, 1915 on the steamship Tian there arrived at the port of Manila, a woman, Marcosa S. Dy Jiongco, together with two children, Ng Tio a female of the age of 9 years, and Ng Hian a boy of 16 years of age (the petitioner herein);

    Second. That Marcosa S. Dy Jiongco had been born in the Philippine Islands, of a Filipina mother and a Chinese father;

    Third. That Marcosa S. Dy Jiongco was married to a Chinaman by the name of (Filipino name) Juan Uy Tue, (Chinese name) Ng Chion Tue;

    Fourth. That Juan Uy Tue (Ng Chion Tue), before his marriage with Marcosa S. Dy Jiongco, had been married to a Chinese woman with whom he had had some children, the petitioner herein and also one called Ng Guan. It appears that Ng Guan was residing in the Philippine Islands at the time of the presentation of the present petition;

    Fifth. That the Chinese wife of Juan Uy Tue died while the petitioner herein, Ng Hian, was a very small child;

    Sixth. That the said Juan Uy Tue, after the death of his Chinese wife, was legally married to the said Marcosa S. Dy Jiongco;

    Seventh. That the said little girl, Ng Tio, of 9 years of age was the daughter of the brother of the said Juan Uy Tue, born of a Chinese father and mother; that the father of the little girl had given her to the said Marcosa S. Dy Jiongco;

    Eighth. That Marcosa S. Dy Jiongco, being the stepmother of the said Ng Hian, adopted him and was bringing him to the Philippine Islands to study.

    After the close of the investigation before the board of special inquiry, during which examination the foregoing facts were presented, the said board refused the right to each of said children to enter the Philippine Islands.

    Later, on the 17th of November, 1915, a rehearing was granted for the purpose of examining other witnesses upon the question of the right of said two children, Ng Tio and Ng Hian, to enter the Philippine Islands. At the close of the second hearing the board of special inquiry admitted Ng Tio, but denied the right of Ng Hian to enter the Philippine Islands. From that decision an appeal was taken to the Collector of Customs and by him affirmed on the 23d of November, 1915. The petition for the writ of habeas corpus in the present case was presented on the 26th of November, 1915.

    The petition and answer and the record made in the department of customs were presented to the Court of First Instance. The court, after an examination of the record, reached the conclusion that the petitioner (Ng Hian) was entitled to enter the Philippine Islands. From that decision the Collector of Customs appealed to this court. The question which the Attorney-General presents is whether or not the minor children of a deceased resident Chinese merchant have a right to enter the territory of the Philippine Islands. That question has been answered by this court in numerous decisions in the negative. (Lee Jua v. Collector of Customs, 32 Phil. Rep., 24; Tan Lin Jo v. Collector of Customs, 32 Phil. Rep., 78; Cang Kai Guan v. Collector of Customs, 32 Phil. Rep., 102; Yap Tian Un (Sun) v. Collector of Customs, 32 Phil. Rep., 487; Du Eng Hoa v. Collector of Customs, 32 Phil. Rep., 490; Ex parte Chan Fooi, 217 Fed. Rep., 308.)

    It is true that the petitioner, Ng Hian, had never been in the Philippine Islands before. It is also true that the said Marcosa S. Dy Jiongco was his stepmother. She swore positively that she had adopted him. That fact is not denied of record. Until the fact is denied we must accept it. There is nothing in the record which shows or tends to show that she had not adopted him in good faith. The question whether or not Marcosa S. Dy Jiongco could bring Ng Hian into the territory of the Philippine Islands as her adopted son has been discussed by the Federal Courts of the United States. In the case of Ex parte Fong Yim (134 Fed. Rep., 938), the court held that:jgc:chanrobles.com.ph

    "A Chinese merchant domiciled in the United States has the right to bring into this country with his wife minor children legally adopted by him in China, where it is shown that the adoption was bona fide, and that the children have lived as members of his family and have been supported by him for several years."cralaw virtua1aw library

    The court further said:jgc:chanrobles.com.ph

    "Of course, the question whether the adoption is a genuine one is a question of fact, open to investigation . . . The evidence shows that the practice of adopting children in China is very common, that it takes place substantially without legal formalities, but that the rights and obligations of children adopted and recognized as such are similar to those of natural children. Under these circumstances I can see no difference between the legal status of adopted children and of natural children. The Supreme Court (of the United States) having decided that a Chinese merchant domiciled in this country has the right to bring into it his natural children, I think that the same decision is authority for the proposition that he has the right to introduce, his adopted children."cralaw virtua1aw library

    Upon the theory, therefore, that Ng Hian had been adopted by his stepmother, and upon the theory that she has a right to enter territory of the United States, without objection, we are of the opinion and so hold that Ng Hian has a right to enter the territory of the Philippine Islands as her adopted son. Therefore the judgment of the lower court is hereby affirmed, with costs. So ordered.

    Torres, Trent, and Araullo, JJ., concur.

    Moreland, J., reserved his vote.

    G.R. No. 11467   March 15, 1916 - NG HIAN v. INSULAR COLLECTOR OF CUSTOMS<br /><br />034 Phil 248




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