Scribd
Upload
246 views1 page

Lau Hu Niu vs. Collector of Customs 36 Phil 433 (1916)

This case involves Lau Hu Niu, a Chinese woman, and her minor children who were excluded from entering the Philippine Islands. Lau Hu Niu claimed she was entitled to enter as the widow of a Chinese merchant who previously resided and owned property in the Philippines. However, the court ruled that Lau Hu Niu was not entitled to enter the Philippines based solely on her relationship to her deceased husband. As she was seeking to enter based on her own status, she needed to provide the proper evidence and certificates required by law to establish her right to entry, which she failed to do. Therefore, the court affirmed the exclusion of Lau Hu Niu and her minor children from entering the Philippine Islands.

Uploaded by

Greta Fe Dumallay
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as PDF, TXT or read online on Scribd
246 views1 page

Lau Hu Niu vs. Collector of Customs 36 Phil 433 (1916)

This case involves Lau Hu Niu, a Chinese woman, and her minor children who were excluded from entering the Philippine Islands. Lau Hu Niu claimed she was entitled to enter as the widow of a Chinese merchant who previously resided and owned property in the Philippines. However, the court ruled that Lau Hu Niu was not entitled to enter the Philippines based solely on her relationship to her deceased husband. As she was seeking to enter based on her own status, she needed to provide the proper evidence and certificates required by law to establish her right to entry, which she failed to do. Therefore, the court affirmed the exclusion of Lau Hu Niu and her minor children from entering the Philippine Islands.

Uploaded by

Greta Fe Dumallay
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as PDF, TXT or read online on Scribd
You are on page 1/ 1

Lau Hu Niu vs.

Collector of Customs, 36 Phil 433 (1916)

Lau Hu Niu vs. Collector of Customs

March 14, 1917 G.R. No. 12379 MORELAND, J.

FACTS

• This case involves the exclusion from the Philippine Islands of a Chinese woman and her minor children.
She claims to be the wife of a former resident Chinese merchant who, prior to the attempt of the appellant to
enter, died in the Philippine Islands owning property therein and leaving as his only heirs at law and next of
kin his widow, the appellant herein, and her minor children.
• The Chinese merchant died in the Philippines owning property here and leaving as his only heirs at law and
next of kin his widow, herein appellant, Lao Hu Niu, and her minor children.
• Board of special inquiry refused the wife and children to enter the Philippines.
• Court of First Instance affirmed the refusal.
ISSUE/S (relevant to the syllabus)

Whether the widow, as a merchant and successor to her husband, enter the Philippines with her children. - NO

RULING (include how the law was applied)

No, the wife is not entitled to enter the Philippines upon seeking the status of her deceased husband; and when she
seeks to enter upon her own personal status, she must produce the evidence which the law requires to establish that
status.

The widow and minor children of a deceased Chinese merchant resident and doing business in the Philippine Islands
at the time of his death are not entitled to enter the Philippine Islands solely by reason of such relationship (Ng Hian
vs. Collector of Customs).

Here, the only established fact is her husband is a Chinese merchant doing business in the Philippines and when he
died, he left property including a mercantile business. The assumption of the wife is that the mere fact of the death of
a merchant makes his wife and children also merchants, as it leaves to them as heirs and next of kin a mercantile
business as a part of their inheritance. This does not necessarily follow. Even if it does, the wife is still NOT a resident
merchant since she remains outside of the Philippines and has never held the resident merchant status.

• First, wife needs to establish her right to enter as a merchant.


• She failed to present the certificate required, the only evidence to establish such right.

Therefore, her application to enter is denied.

DISPOSITIVE

The judgment appealed from is affirmed, with costs. So ordered.

You might also like