Art 2

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 on 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 did 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.