CASE DIGEST: US vs Ah Sing, 36 Phil 978

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 at 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 dis 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.

CASE DIGEST: People vs Wong Cheng, 46 Phil 729

Case Title: People vs Wong Cheng, 46 Phil 729

Subject Matter: Applicability of Art. 2 of the Revised Penal Code

Facts:

The appellant, in representation of the Attorney General, filed an appeal that urges the revocation of a demurrer sustained by the Court of First Instance of Manila presented by the defendant. The defendant, accused of having illegally smoked opium aboard the merchant vessel Changsa of English nationality while the said vessel was anchored in Manila Bay, two and a half miles from the shores of the city. In the said demurrer, the defendant contended the lack of jurisdiction of the lower court of the said crime, which resulted to the dismissal of the case.

Issue:

Whether or not the Philippine courts have jurisdiction over the crime committed aboard merchant vessels anchored in our jurisdictional waters.

Held:

Yes. The crime in the case at bar was committed in our internal waters thus the Philippine courts have a right of jurisdiction over the said offense. The Court said that having the opium smoked within our territorial waters even though aboard a foreign merchant ship is a breach of the public order because it causes such drugs to produce pernicious effects within our territory. Therefore, the demurrer is revoked and the Court ordered further proceedings.

CASE DIGEST: US vs Bull, 15 Phil 7

Case Title: US vs Bull, 15 Phil 7

Subject Matter: Applicability of Art. 2 of the Revised Penal Code

Facts:

On December 2, 1908, a steamship vessel engaged in the transport of animals named Stanford commanded by H.N. Bull docked in the port of Manila, Philippines. It was found that said vessel from Ampieng, Formosa carried 674 heads of cattle without providing appropriate shelter and proper suitable means for securing the animals which resulted for most of the animals to get hurt and others to have died while in transit.

This cruelty to animals is said to be contrary to Acts No. 55 and No. 275 of the Philippine Constitution. It is however contended that cases cannot be filed because neither was it said that the court sitting where the animals were disembarked would take jurisdiction, nor did it say about ships not licensed under Philippine laws, like the ships involved.

Issue:

Whether or not the court had jurisdiction over an offense committed on board a foreign ship while inside the territorial waters of the Philippines.

Held:

Yes. When the vessel comes within 3 miles from the headlines which embrace the entrance of Manila Bay, the vessel is within territorial waters and thus, the laws of the Philippines shall apply. A crime committed on board a Norwegian merchant vessel sailing to the Philippines is within the jurisdiction of the courts of the Philippines if the illegal conditions existed during the time the ship was within the territorial waters - regardless of the fact that the same conditions existed when the ship settled from the foreign port and while it was on the high seas,

In light of the above restriction, the defendant was found guilty and sentenced to pay a fine of two hundred and fifty pesos with subsidiary imprisonment in case of insolvency, and to pay the costs.