CASE DIGEST BY: VIKKI J.

AMORIO
JMC LAW -- CRIMINAL LAW I

UNITED STATES vs LOOK CHAW

G.R. No. L-5887 December 16, 1910

ARELLANO, C. J.:

FACTS:

Defendant Look Chaw was charged for possession of two sacks of opium on board
the steamship Errol of English Nationality. The ship came from HongKong bound for
Mexico, via the call ports of Manila and Cebu.

Though the defendant voluntarily admitted that the contraband belonged to him for
the purpose of selling it, the defense moved for the dismissal of the case, on the
ground that the Philippine court has no jurisdiction to try the case and that mere
possession of the articles seized does not constitute a crime.

The Court of First Instance of Cebu ruled that it did not lack jurisdiction in as much
as the crime had been committed within its district, on the wharf of Cebu. With this,
the defendant appealed the case to the Supreme Court.

ISSUE:

Whether the Philippine Courts have jurisdiction over unlawful possession of opium
on a foreign vessel stationed within Philippine ports.

RULING:

Yes, the Supreme Court ruled that the Philippine Courts have jurisdiction to try the
case.

The general rule states that mere possession of a prohibited thing in the Philippine
Islands, aboard a foreign vessel in transit does not constitute a crime triable by the
courts of this country, on account that such foreign vessel is an extension of its own
nationality.

However, in the case at bar, the opium landed from the vessel upon Philippine soil,
thus committing an open violation of the laws of the land. It is a violation of the penal
law in force at the place of the commission of the crime, only the court established in
that said place itself had competent jurisdiction, in the absence of an agreement
under an international treaty.

Therefore, the Supreme Court affirmed the decision of the lower court.