Relato, Remwel Joseph P.

Section 1-C

The United States vs. Look Chaw

Gr. No. L-5887 December 16, 1910

Facts:
Between 11 and 12 o’clock a.m. on the present month (stated as Aug. 19, 1909),
Messrs. Jacks and Milliron, chief of the department of the port of cebu and internal-
revenue agent of cebu, aboard the steamship Errol to inspect and search its cargo.

2 sacks of opium was found during the inspection:

1) The smaller sack referred to as Exhibit A contained 49 cans of opium.
2) The larger sack (Exhibit B) also contained several cans of opium.

Look Chaw stated that he bought these sacks of opium in Hong Kong with the intention
of selling them as contraband in Mexico or Vera Cruz.

Look Chaw was filed 2 charges at the Court of First Instance of Cebu:
1) Unlawful possession of opium
2) Unlawful sale of opium

The court ruled that it did not lack the jurisdiction, inasmuch as the crime had been
committed within its district, on the wharf of Cebu. The court sentenced the defendant to
five years imprisonment, to pay a fine of ₱10,000, with additional subsidiary
imprisonment in case of insolvency, though not to exceed one third of the principal
penalty, and to the payment of the costs.

Issue:
Whether or not the crimes committed by the defendant are triable in the
Philippine Court.

Ruling:

Although the mere possession of a thing prohibited use in these islands, aboard
a foreign vessel in transit, in any of their ports, does not, as a general rule, constitute a
crime triable by the courts of this country, on account of such vessel being considered
as an extension of its own nationality. The same rule does not apply when the article,
whose use is prohibited within the Philippine Islands, 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, with respect to which, as 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.