US v.

Look Chow
18 Phil 573
Arellano, C.J.

Facts:
In this appeal filed before the Supreme Court, the defendant Look Chow challenges the
judgment of the CFI finding him guilty of violation of the penal law relating to the possession of opium.
The alleged violation arose from the inspection conducted by various people, including the Chief
of the Department of the Port of Cebu and the internal revenue agent of Cebu, of the steamship Erroll of
English nationality finding in its cargo two sacks of opium, one of which was found under the
defendants control who is transporting the cargo from Hong Kong to Mexico for the purpose of selling
the same as contraband.
The defendant moved that the case filed against him on the ground that the CFI of Cebu lacked
jurisdiction over the crime since it is committed on board the vessel.

Issue:
Does the CFI (now RTC) of Cebu have jurisdiction to assume jurisdiction over the crime
committed?

Held:
Yes. The CFI has jurisdiction over the crime. Although the mere possession of a thing of
prohibited use, aboard a foreign vessel in transit, in any of their ports, does not, as a general rule,
constitute a crime triable by the courts, on account of such vessel being considered as an extension of
its own nationality, the same rule does not apply when the prohibited article is used within the country.
In the present case a can of opium, is landed from the vessel upon Philippine soil, thus committing an
open violation of the laws of the land. For such violation of domestic laws, the CFI has jurisdiction over
the crime.