Topic : English/French Rule

Case : People of the Phippines Vs. Wong Cheng (allias Wong Chun) GR 18924, Oct 1922

Prayer : Revocation of order of the Court of First Instance of Manila sustaining the demurrer
presented by defendant Wong Cheng in a case filed against him for smoking opium
aboard a foreign merchant vessel docked in Philippine waters.

Facts : Appellee Wong Cheng is accused of having illegally smoked opium aboard the foreign
merchant vessel Changsa which is of English nationality.
 The vessel was docked in Manila Bay 2 ½ miles from the shores of the city.
 The court of first instance first dismissed the case
 The case was appealed to Supreme Court. No Court of Appeals (CA) yet during that
period (1922) as the CA was just organized on February 01, 1936 pursuant to the 1935
constitution.
 Philippines, during the time of the case, was under the American Government.
 People of the Philippines was then represented by the Attorney-General, our present-day
Solicitor-General.

Issue : W.O.N the courts of the Philippines have jurisdiction over crime committed aboard
merchant vessels anchored in our jurisdiction waters.

Rulling :

The appeal for revocation was Granted. The order was revoked and the cause ordered
remanded to the court of origin for further proceedings

There are 2 fundamental rules in connection with international law:

1. French Rule- according to which crimes committed aboard a foreign merchant vessels
should not be prosecuted in the courts of the country within whose territorial
jurisdiction they were committed (UNLESS: their commission affects the peace and
security of the territory.)
2. English Rule- based on the territorial principle & followed in United States. According to
which crimes perpetrated under such circumstances are in general triable in the courts
of the country within territory they were committed.
  Of these two rules, the English Rule obtains in this jurisdiction, because at present the
theories and jurisprudence prevailing in the United States on this matter are authority in the Philippines
which is now a territory of the United States.

As to whether the United States has ever consented by treaty or otherwise to renouncing such
jurisdiction or a part thereof, we find nothing to this effect so far as England is concerned, to which
nation the ship where the crime in question was committed belongs.

As a general rule, disorder which disturb only the peace of the ship or those on board are to be dealt
with exclusively by the sovereignty of the home of the ship, but those which disturb the public peace may be
suppressed, and, if need be, the offenders punished by the proper authorities of the local jurisdiction. 

Mere possession of opium aboard a foreign vessel in transit was held by this court not triable by or
courts and is not considered a disturbance of the public order.

To smoke opium within our territorial limits, even though aboard a foreign merchant ship, is
certainly a breach of the public order