Facts: Chan Sau Wah, a Chinese citizen born in Fukien, China arrived in the Philippines on November 1961 to visit her cousin, Samuel Lee Malaps. She left China and her children by a first marriage: Fu Tse Haw and Fu Yan Kai both minors, in the care of neighbors in Fukien, China. Chan Sau wah arrived in the Philippines with Fu Yan Fun, her minor son also by the first marriage. Chan Sau Wah and her minor son Fu Yan Fun were permitted only into the Philippines under a temporary visitor's visa for two months and after they posted a cash bond of 4,000 pesos. On January 1962, Chan Sau Wah married Esteban Morano, a native-born Filipino citizen. Born to this union on September 1962 was Esteban Morano, Jr. To prolong their stay in the Philippines, Chan Sau Wah and Fu Yan Fun obtained several extensions. The last extension expired on September 10, 1962. In a letter dated August 31, 1962, the Commissioner of Immigration ordered Chan Sau Wah and her son, Fu Yan Fun, to leave the country on or before September 10, 1962 with a warning that upon failure so to do, he will issue a warrant for their arrest and will cause the confiscation of their bond.
Issue: Whether or Not the issuance of the warrant of arrest is unconstitutional.
Held: Chan Sau Wah entered the Philippines on a tourist-temporary visitor's visa. She is a non-immigrant. Under Section 13 just quoted, she may therefore be admitted if she were a qualified and desirable alien and subject to the provisions of the last paragraph of Section 9. Therefore, first, she must depart voluntarily to some foreign country; second, she must procure from the appropriate consul the proper visa; and third, she must thereafter undergo examination by the officials of the Bureau of Immigration at the port of entry for determination of her admissibility in accordance with the requirements of the immigration Act. This Court in a number of cases has ruled, and consistently too, that an alien admitted as a temporary visitor cannot change his or her status without first departing from the country and complying with the requirements of Section 9 of the Immigration Act. The gravamen of petitioners' argument is that Chan Sau Wah has, since her entry, married in Manila a native-born Filipino, Esteban Morano. It will not particularly help analysis for petitioners to appeal to family solidarity in an effort to thwart her deportation. Chan Sau Wah, seemingly is not one who has a high regard for such solidarity. Proof: She left two of her children by the first marriage, both minors, in the care of neighbors in Fukien, China.Then, the wording of the statute heretofore adverted to is a forbidding obstacle which will prevent this Court from writing into the law an additional provision that marriage of a temporary alien visitor to a Filipino would ipso facto make her a permanent resident in his country. This is a field closed to judicial action. No breadth of discretion is allowed. We cannot insulate her from the State's power of deportation. it would be an easy matter for an alien woman to enter the Philippines as a temporary visitor, go through a mock marriage, but actually live with another man as husband and wife, and thereby skirt the provisions of our immigration law. Also, a woman of undesirable character may enter this country, ply a pernicious trade, marry a Filipino, and again throw overboard Sections 9 and 13 of the Act. Such a flanking movement, we are confident, is impermissible.Recently we confirmed the rule that an alien wife of a Filipino may not stay permanently without first departing from the Philippines. Reason: Discourage entry under false pretenses.
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