Ng Hian vs Insular Collector of Customs

March 15 Ponente: Johnson, J. Mara

SUMMARY: Ng Hian was born to a Chinese merchant and his Chinese wife who subsequently died when Ng Hian was young and his father then remarried when he was nine years old a Filipina named Marcosa S Dy Jiongco. s the step mother! she alleged that she already adopted him as her child and wants to bring him to the "hilippines to study. #he auditor general tries to oppose this mo$e. DOCTRINE: using an analogous merican case! %& "arte Fong 'im ( Chinese merchant domiciled in the )nited States has the right to bring into this country with his wife minor children legally adopted by him in China! where it is shown that the adoption was bona fide! and that the children ha$e li$ed as members of his family and ha$e been supported by him for se$eral years.

Se$enth. #hat the said little girl! Ng #io! of . years of age was the daughter of the brother of the said Juan )y #ue! born of a Chinese father and mother3 that the father of the little girl had gi$en her to the said Marcosa S. Dy Jiongco3 %ight. #hat Marcosa S. Dy Jiongco! being the stepmother of the said Ng Hian! adopted him and was bringing him to the "hilippine 4slands to study. fter the close of the in$estigation before the board of special inquiry! during which e&amination the foregoing facts were presented! the said board refused the right of each of said children to enter the "hilippine 4slands. CF4 concluded that Ng Hian was entitled to enter the "hilippine 4slands. ISSUES!HE"D: #he question which the ttorney(6eneral presents is whether or not the minor children of a deceased resident Chinese merchant ha$e a right to enter the territory of the "hilippine 4slands. ('es RATIO: #he question whether the adoption is a genuine one is a question of fact! open to in$estigation . . . . #he e$idence shows that the practice of adopting children in China is $ery common! that it ta7es place substantially without legal formalities! but that the rights and obligations of children adopted and recogni8ed as such are similar to those of natural children. Court decided by using an analogous merican case! %& "arte Fong 'im ( Chinese merchant domiciled in the )nited States has the right to bring into this country with his wife minor children legally adopted by him in China! where it is shown that the adoption was bona fide! and that the children ha$e li$ed as members of his family and ha$e been supported by him for se$eral years. 4t is true that the petitioner! Ng Hian! had ne$er been in the "hilippine 4slands before. 4t is also true that the said Marcosa S. Dy Jingco was his stepmother. She swore positi$ely that she had adopted him. #hat fact is not denied of record. )ntil the fact is denied we must accept it. #here is nothing in the record which shows or tends to show that she had not adopted him in good faith.

ACTS: First. #hat on or about the *+th of ,ctober! -.-/ on the steamship #ian there arri$ed at the port of Manila! a woman! Marcosa S. Dy Jiongco! together with two children! Ng #io a female of the age of . years! and Ng Hian a boy of -0 years of age 1the petitioner herein23 Second. #hat Marcosa S. Dy Jiongco had been born in the "hilippine 4slands! of a Filipina mother and a Chinese father3 #hird. #hat Marcosa S. Dy Jiongco was married to a Chinaman by the name of 1Filipino name2 Juan )y #ue! 1Chinese name2 Ng Chion #ue5 Fourth. #hat Juan )y #ue 1Ng Chion #ue2! before his marriage with Marcosa S. Dy Jiongco! had been married to a Chinese woman with whom he had some children! the petitioner herein and also one called Ng 6uan. 4t appears that Ng 6uan was residing in the "hilippine 4slands at the time of the presentation of the present petition3 Fifth. #hat the Chinese wife of Juan )y #ue died while the petitioner herein! Ng Hian! was a $ery small child3 Si&th. #hat the said Juan )y #ue! after the death of his Chinese wife! was legally married to the said Marcosa S. Dy Jiongco3