001- PRIL – Jurisdiction: General Considerations

Asaali et al vs Commissioner of Customs (1968)

Fernando, J.

Doctrine: The laws of the PH apply not only within the PH, its interior waters and maritime zones
but also outside of its jurisdiction against those committing an offense while on a PH ship.

Facts:
1. At noon of Sept 10, 1950, customs patrol officers intercepted and boarded 5 sailing
vessels owned by herein petitioners on the high seas between British North Borneo
from where the vessels took off and Sulu.
2. 181 cases of Herald cigars and 9 cases of Camel cigars and some pieces of rattan chairs
were found on board.
3. The sailing vessels are all of Philippine registry and manned by Filipinos.
4. Commissioner of Customs decreed seizure of the vessels and its cargoes for not having
any permit to engage in importation and for the lack of required import license thereby
in violation of the Administrative Code and the Import Control Law. CTA affirmed.
5. Hence this petition. Petitioners argue:
a. Importation had not yet begun.
b. Interception was done on the high seas where PH has no jurisdiction.

Issue: Whether the Philippines had jurisdiction

Held/Ratio: Yes.
1. It is obvious from the course of the vessels that their intention was not merely to skirt
along the PH territorial boundary but to land somewhere in Tawi-tawi towards where
their prows were pointed. They were about to cross our aquatic boundary and to
entertain the thought that these vessels were probably not bound for the PH would be
too much concession even for a simpleton or a perennial optimist.
2. The RPC applies not only within the PH, its interior waters and maritime zones but also
outside of its jurisdiction against those committing an offense while on a PH ship.
3. Moreover, in Church v Hubbart, it was held that a state has the right to protect itself and
its revenues, a right not limited to its own territory but extending to the high seas.
4. The seizure of a vessel within the range of its cannon by a foreign force is an invasion of
that territory, and is a hostile act which it is its duty to repel. But its power to secure
itself from injury may certainly be exercised beyond the limits of its territory.

Digested by Rea A2015