CRIMINAL LAW CASE DIGEST:

REVISED PENAL CODE

ARTICLE 2 - ENGLISH RULE V FRENCH RULE

Article 2. Application of its provisions. - Except as provided in the treaties and laws of preferential
application, the provisions of this Code shall be enforced not only within the Philippine Archipelago,
including its atmosphere, its interior waters and maritime zone, but also outside of its jurisdiction, against
those who:

1. Should commit an offense while on a Philippine ship or airship

2. Should forge or counterfeit any coin or currency note of the Philippine Islands or obligations
and securities issued by the Government of the Philippine Islands;

3. Should be liable for acts connected with the introduction into these islands of the obligations
and securities mentioned in the presiding number;

4. While being public officers or employees, should commit an offense in the exercise of their
functions; or

5. Should commit any of the crimes against national security and the law of nations, defined in
Title One of Book Two of this Code.

CASE DIGEST: US vs Ah Sing, 36 Phil 978

Case Title: US vs Ah Sing, 36 Phil 978

Subject Matter: Applicability of Art. 2 of the Revised Penal Code

Facts:

Ah Sing is a fireman at the steamship Shun Chang, a foreign vessel which arrived in the port of Cebu
from Saigon. He bought 8 cans of opium in Saigon, brought them on board and had them in his
possession during the said trip. The 8 cans of opium were found in the ashes below the boiler of the
steamer's engine by authorities who made a search upon anchoring on the port of Cebu. The defendant
confessed that he was the owner of the opium and that he had purchased it in Saigon. He dis not
confess, however, as to his purpose in buying the opium. He did not say that it was his intention to import
the prohibited drug.

Issue:

Whether or not the crime of illegal importation of opium into the Philippine Islands is criminally liable in the
Philippines.

Held:

Yes. As stated in the Opium Law, we expressly hold that any person who unlawfully imports or brings any
prohibited drug into the Philippine Islands, when the prohibited drug is found under this person's control
on a vessel which has come direct from a foreign country and is within the jurisdiction limits of the
Philippines, is guilty of the crime of illegal importation of opium, unless contrary circumstances exist or the
defense proves otherwise.