Jao Quim Cho and the Chinese Exclusion Law

In 1800s, the American Congress enacted the Chinese Exclusion Law to protect the country from Chinese migration. When the Philippines became its colony in 1899 they extended the imposition of the law in our country.

The Chinese Exclusion Law regulated the entry and naturalization of Chinese to the Philippines. There are Chinese residents who were denied naturalization by the courts. The Collector of Customs (there was not yet a Bureau of Immigration then) was tasked of granting or denying the entry of foreigners in our ports.

Many were denied entry and lost their cases before the courts but there is one who fought his case up to the Supreme Court. This is the story of Jao Quim Cho.

Quim was the son of a Chinese merchant, he was 18 years old then, his father was a merchant residing in Cebu City, but had gone to China on account of sickness. Quim resided in Cebu City with his parents when he was young, that he had been admitted into the Philippines as the minor son of a resident Chinese merchant.

Quim in 1911 returned to China to pay a visit, with the intention of returning home. In fact before they left for China, Quim went to the Collector of Customs for the purpose of obtaining a certificate and was informed that since he was a minor, it was not necessary for him to obtain the same, likewise his father intended to return to the Philippines when he recovers his health.

The father of Quim, however, was issued a certificate of residence by the Collector of Customs. Quim upon his return to the Philippines asked permission to enter the Philippine Islands as the minor son of a resident Chinese merchant.

The Collector of Customs, however, denied the entry of Jao Quim Cho to the Philippines. Jao Quim Cho through his lawyer filed a petition for writ of habeas corpus presented in the Court of First Instance of Cebu.

The Court of First Instance of Cebu after trial confirmed the decision of the Department of Customs and ordered that Jao Quim Cho be deported.

Jao Quim Cho challenged the decision of the Court of First Instance and that of the Collector of Customs and went to the Supreme Court. In the records of the case it was not denied that Jao Quim Cho was a minor son of a resident Chinese merchant who was temporarily absent from the Philippine Islands.

That Jao Quim Cho, who was born in China when brought by his father to the Philippines were allowed entry because he was a minor son of a resident Chinese merchant. The Supreme Court said that it was an abuse of authority, power and discretion for the Department of Customs to refuse Jao Quim Cho of his right to enter.

The Supreme Court on November 17, 1916 said that the Chinese Exclusion Law cannot be invoked for the purpose of keeping out of the Philippine Islands persons who have a right, under the law to enter, nor for the purpose of preventing actual bona fide residents of said Islands from entering.

The Attorney General, Ramon Avancena of Molo, Iloilo, who became the 4th Supreme Court Chief Justice sided with Jao Quim Cho that the order of the lower court be revoked.  Ramon Avancena who was born April 18, 1872 became Attorney General on December 16, 1913 and held the position for four years. Then on October 1917, he was appointed by the Americans as Associate Justice of the Supreme Court.

Avancena succeeded Chief Justice Manuel Araullo who died on April 1, 1925. Avancena was Chief Justice of the Philippine Supreme Court from April 1, 1925 to December 24, 1941, when he retired to pave way for the installation of Jose Abad Santos as Chief Justice of the Supreme Court.  Jao Quim Cho was represented by Cebuano lawyer, Fortunato Borromeo Veloso, he became a lawyer on July 14, 1913. He was later appointed as Judge of the Court of First Instance.