33.

US VS LOOK CHAW

FACTS:
Several persons including a chief of the department of the port of Cebu and
internal-revenue agent of Cebu, went aboard to inspect and search the
steamship Erroll, a vessel of English Nationality which came from Hongkong
and bound to Mexico via the call ports of Manila and Cebu. Two sacks of opium
were found during the inspection and search of the cargo. Later on, there was
also 4 cans of opium found on the part of the ship where the firemen
habitually sleep. Two charges were filed against Look Chaw at the Court of
First Instance of Cebu: unlawful possession of opium, and unlawful sale of
opium.

Although Look Chaw voluntarily admitted that the contraband belonged to him
for purpose of selling it in in Mexico or Vera Cruz, 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 ruled that it did not lack
jurisdiction, since the crime had been committed within its district, on the
wharf of Cebu. From this judgment, the defendant appealed to the Supreme
Court.

ISSUE:
Whether or not courts of local state can exercise its jurisdiction over
foreign vessels stationed in its port.

HELD:
Yes. The Philippine courts have jurisdiction over the matter. The mere
possession of a thing of 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. However, the
same rule does not apply when the article, whose use is prohibited within the
Philippines, in the present case, a can of opium, is landed from the vessel
upon the Philippine soil, thus committing an open violation of the penal law
in force at the place of the commission of the crime. Only the court
established in the said place itself has competent jurisdiction, in the
absence of an agreement under an international treaty.
34. PEOPLE VS WONG CHENG
FACTS:
Wong Cheng was accused of having illegally smoked opium, aboard the merchant
vessel Changsa of English nationality while said vessel was anchored in Manila
Bay two and a half miles from the shores of the city. The demurrer alleged
lack of jurisdiction on the part of the lower court, which so held by CFI and
dismissed the case. The Attorney-General now appeals and urges the revocation
of the order of the Court of First Instance of Manila.

ISSUE:
Whether the courts of the Philippines have jurisdiction over crime committed
aboard merchant vessels anchored in our jurisdiction waters.

HELD:
Yes. Philippine courts have jurisdiction.
There are two fundamental rules as to the jurisdiction over crimes committed
aboard merchant vessels while in territorial waters of another country: The
French Rule, and the English Rule. Of these two rules, we observe the English
Rule wherein crimes in merchant vessels are generally triable in that country
where it was perpetrated, unless if it merely affects things within the
vessels or they refer to the internal management thereof.
Mere possession of opium aboard a foreign vessel in transit was held by this
court not triable by our courts, because it being the primary object of our
Opium Law to protect the inhabitants of the Philippines against the disastrous
effects entailed using this drug, mere possession in such a ship, without
being used in our territory, does not being about in the said territory those
effects that our statute contemplates avoiding. Hence such a mere possession
is not considered a disturbance of the public order.
However, in the case at bar, smoking opium within our territorial limits, even
though aboard a foreign merchant ship, is certainly a breach of the public
order here established, because it causes such drug to produce its pernicious
effects within our territory. It seriously contravenes the purpose that our
Legislature has in mind in enacting the aforesaid repressive statute.